App Privacy Policy

PRIVACY POLICY

Athlete CRUSH Inc. Privacy Policy

Last Updated and Effective Date: June 18th, 2018.

This Privacy Policy (the “Privacy Policy”) is incorporated by reference into the Terms of Service and End User License Agreement (the “Terms”) for the Athlete CRUSH Inc. social media platform. The Privacy Policy covers the Athlete CRUSH Inc. website located atwww.athletecrush.com, and the Athlete CRUSH Inc. iOS and Android mobile applications (the “App”). The Athlete CRUSH Inc. App is offered free to users, with the voluntary option of opting in to paid premium services. The terms “We” and “Us” refer to Athlete CRUSH Inc. and its affiliated entities. The term “You” refers to you.

The Privacy Policy explains how we:collect,use, anddiscloseinformation we obtain through the Athlete CRUSH Inc. App and information you give us (e.g., when you sign up, post, use the App, purchase merchandise, participate in a quiz or communicate with customer service), but does not apply to our collection of information from other sources. Capitalized terms used in this Privacy Policy shall have the meaning set forth in this Privacy Policy or, if not defined herein, in the Terms.

We generally keep this Privacy Policy posted on the Athlete CRUSH Inc. App and you should review it frequently, as it may change from time to time and without notice. Any changes will be effective immediately upon the posting of the revised Privacy Policy. When you download the Athlete CRUSH Inc. App and each time you use the Athlete CRUSH Inc. App, you agree to this Privacy Policy. If you do not agree with the terms of the Privacy Policy, or to any subsequent changes to the Privacy Policy, you should immediately stop accessing the Athlete CRUSH Inc App.

“Personal Information” means information that alone, or when in combination with other information, may be used to readily identify, contact, or locate you. This includes information such as your: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.Therefore, by accessing and/or using the Athlete CRUSH Inc. App, you authorize us to gather, parse, and retain data related to the provision of the Athlete CRUSH Inc. App and collect, use, and disclose information as described in this Privacy Policy.

The Athlete CRUSH Inc. App is not intended for or directed to individuals under the age of thirteen (13), and we request that children do not provide Personal Information through the Athlete CRUSH Inc. App.

COLLECTION OF PERSONAL INFORMATION

The Athlete CRUSH Inc. App collects Personal Information:

  • when you register or sign up to the App;
  • during your use of the App;
  • when you communicate with us; and
  • from other users.

The Athlete CRUSH Inc. App also collects information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Athlete CRUSH Inc. App. This information is aggregated.

Personal Information Collection.You can preview the Athlete CRUSH Inc. App as a spectator for up to twenty swipes, but after this to continue use you must register to use the Athlete CRUSH Inc. App. To register, you may need to provide Personal Information, such as your email address, user name, gender, country, and password. You can also register by linking your account to your existing social media accounts on the Facebook, Instagram, or Twitter platforms. You may also provide other optional information such as your representative or favorite country, league or team during this sign up.

Social Sign-On. The Athlete CRUSH Inc. App collects Personal Information from social media platforms and services when you use that social media website or service credentials to log in. For example, when you log in with your Instagram credentials, the Athlete CRUSH Inc. App may collect the Personal Information you have made publicly available on Instagram, such as your profile pictures.

Using the Athlete CRUSH Inc. App.The Athlete CRUSH Inc. App collects information from you directly and information that may be about you from other users through the Athlete CRUSH Inc. App. For example, when you interact with athletes or other users or enter quizzes, the Athlete CRUSH Inc. App collects provided information, including any Personal Information. In certain circumstances, we may request, allow or otherwise provide you with an opportunity to submit your Personal Information in connection with a feature, program, promotion or some other aspect of the Athlete CRUSH Inc. App. For instance, you may: (a) provide your name, mailing address, email address, credit card number and phone number when registering with the Athlete CRUSH Inc. App or in connection with a sweepstakes or contest entry or a purchase; (b) provide demographic information about you (e.g., age, gender, purchase preference) when participating in a survey or quiz; or (c) post a rating and recommendation on the Athlete CRUSH Inc. App. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or gain access to certain content on the Athlete CRUSH Inc. App.

Making Payments.When you make payments through the Athlete CRUSH Inc. App, you may need to provide Personal Information to our third-party service providers, such as your name, billing address, and credit card number.

Customer Support.The Athlete CRUSH Inc. App may collect Personal Information through your communications with the Athlete CRUSH Inc. App or any of our customer-support team members.

Location and Device Information from Your Mobile Device.Athlete CRUSH Inc. App may collect and store your location and device information. Collection of this information may improve the provision of the Athlete CRUSH Inc. App and provide you with access to customized offers.

Cookies, Automatic Data Collection, and Related Technologies.The Athlete CRUSH Inc. App collects and stores information that is generated automatically as you use it, including your preferences and other Personal Information and anonymous usage statistics.

When you use, visit or interact with the Athlete CRUSH Inc. App, we and our third-party service providers (e.g., analytic service providers), may use a variety of technologies, now known and hereafter devised, that automatically collect certain information. We and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology, for various purposes including system administration, reporting non-personal aggregate information to others, and tracking the use of the Athlete CRUSH Inc. App. Cookies are small text files placed in a user’s computer browser to store the user’s preferences. Most browsers allow you to block, refuse to accept and/or delete cookies. You are free to modify the use of cookies as you see fit. However, if you do that, then the service may not work properly and/or some parts of the Athlete CRUSH Inc. App will not function properly or be available to you. You can usually find out information about how to delete cookies on your browser through a “help” menu.

Analytics Services.We use third-party tools to collect and aggregate anonymous information about how users interact with the Athlete CRUSH Inc. App by their use of cookies, web beacons (discussed below), and other technologies, and we use this aggregated information to adapt, modify and/or improve the Athlete CRUSH Inc. App for the benefit of our users and partners. If you do not wish to have these tools collect anonymous information about your activities on the Athlete CRUSH Inc. App, then you should not use the Athlete CRUSH Inc. App.

HOW WE USE AND SHARE YOUR INFORMATION

We use Personal Information to:

  • facilitate and improve the Athlete CRUSH Inc. App and the user experience;
  • provide marketing and advertising messaging;
  • suggest athletes and other topics, groups, or sites that you may like;
  • communicate with you; and
  • for other purposes alluded to in this Privacy Policy.

We may use information, including Personal Information and aggregate information, to operate the Athlete CRUSH Inc. App, to communicate with you, and for marketing and monetization purposes. We may share any information collected about you on the Athlete CRUSH Inc. App, including your Personal Information, with third party partners (and may use Personal Information to:

  • facilitate and improve the Athlete CRUSH Inc. App and the user experience;
  • provide marketing and advertising messaging;
  • suggest athletes and other topics, groups, or sites that you may like;
  • communicate with you;
  • content planning and creation
  • feature creation;
  • communicate with you, as well as users and our business partners; and
  • for other purposes alluded to in this Privacy Policy.

Internal and Athlete CRUSH Inc.App-Related Usage. We use information, including Personal Information, for internal and Athlete CRUSH Inc. App-related purposes and to provide improvements. We may also provide this information to third parties.

Communications.We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer support, or system maintenance. We may also email or otherwise communicate with you in response to activity on the Athlete CRUSH Inc. App, such as when you move up the Top Fan or Top Athlete leaderboard, or when someone comments on a post you made, follows you, or messages you. If you send us an email or message with questions or comments, then we may use your Personal Information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public Personal Information, such as passwords, social security numbers, or bank account information, to us by email. We may also send you an email or message if a) you request a particular service or sign up for a feature that involves communications, b) it relates to purchases you have made with us (e.g., product updates, customer support, etc.), c) we are sending you information about our other products, services, giveaways, contest or sweepstakes, or d) you consented to being contacted by email for a particular purpose. In certain instances, we may (at our discretion) provide you with the option to set your preferences for receiving email communications from us (that is, agree to some communications but not others). You may “opt-out” of receiving future commercial email communications from us as provided in “Opt-Out Information” below. Note, however, if you opt-out, then in some cases you may not receive notifications advising you that you have won a giveaway or prize, and thus would forfeit that giveaway or prize. Even if you opt-out, we reserve the right to send you transactional emails such as customer service communications.

Marketing.We may use information, including Personal Information, to enable advertising and marketing, including to others both online and through other means.

Monetizing Information.Because the Athlete CRUSH Inc. App is offered for free, we collect and use information to make all of the functionalities of the Athlete CRUSH Inc. App possible. We may sell aggregated, anonymized information to third parties or permit advertising to you by third parties based upon your Personal Information.

You may opt out of receiving certain marketing materials from Athlete CRUSH Inc. App, such as newsletters. To do so, you will need to send an email to [email protected] as provided in “Opt-Out Information” below.

Non-Personal Information. We use non-personal information in a variety of ways, including to help analyze site traffic, understand user needs and trends, improve our promotional activities and to improve our services to you. We may use your non-personal information by itself or aggregate it with information we have obtained from others or other sources. We may share your non-personal information with our affiliated companies and third parties to achieve these objectives and others. We also reserve the right to use IP addresses to (a) identify a visitor when we feel it is necessary to enforce compliance with the Athlete CRUSH Inc. App rules; (b) fulfill a government request; (c) conform with the requirements of the law or legal process; (d) protect or defend our legal rights or property, the Athlete CRUSH Inc. App, or other users; or (e) in an emergency to protect the health and safety of the Athlete CRUSH Inc. App’s users or the general public. Athlete CRUSH Inc. App usage information may be collected using various methods, such as the following:

Cookies.These text files make using the Athlete CRUSH Inc. App more convenient by saving your passwords and preferences for you and by other means. We may analyze the information derived from these cookies and other technological tools we employ (such as clear gifs/web beacons) and match this information with data provided by you or another party. We may provide our analysis and certain non-personal information to third parties (who may in turn use this information to provide advertisements tailored to your interests), but this will not involve disclosing any of your personally identifiable information. Please note that advertisers that serve advertisements on the Athlete CRUSH Inc. App may also use their own cookies and other technological tools which are subject to the advertiser’s privacy policies, not this Privacy Policy.

Web Beacons.Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web pages and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including to count visitors to the Athlete CRUSH Inc. App, to monitor how users navigate the Athlete CRUSH Inc. App, to count how many emails that were sent were actually opened or to count how many particular articles or links were actually viewed.

Mobile Device Identifiers:

Certain mobile service providers uniquely identify mobile devices and we or our third-party service providers may receive such device information if you access the Athlete CRUSH Inc. App through mobile devices. Certain features of the Athlete CRUSH Inc. App may require collection of mobile phone numbers, and we may associate that phone number to mobile device identification information. Additionally, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we or our third-party service providers may receive this information.

Embedded Scripts:

An embedded script is programming code that is designed to collect information about your interactions with the Athlete CRUSH Inc. App, such as the links you click on. The code is temporarily downloaded onto your computer from our web server or a third-party service provider, is active only while you are connected to the Athlete CRUSH Inc. App, and is deactivated or deleted thereafter.

WE MAY DISCLOSE AND SHARE YOUR INFORMATION 

We may share your information:

  • with third-party service providers;
  • to comply with legal obligations;
  • to protect and defend our rights and property or the safety of other users;
  • with your permission; and
  • as discussed in Section 2 above.

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Athlete CRUSH Inc. App.

Displaying to Other Users.The protections described in this Privacy Policy do not apply when you provide information (including Personal Information) in connection with your use of Athlete CRUSH Inc. App (e.g., in the comments section of a picture or on your profile). The content you post to the Athlete CRUSH Inc. App may be displayed in any location on the Athlete CRUSH Inc. App, including, from time-to-time, as featured content. Other users and nonusers may be able to see some information about you, such as information or photos that you have posted in your profile or in comments or posts, or your location if you enable your computer or mobile device to send us location information. We may use Personal Information and non-personal information about you to identify you with a posting in a public forum. Any information you share in a public forum like Athlete CRUSH Inc. App is public information and may be seen, used or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for privacy practices of the other users or third parties, including those who view and use the posted information you choose to make available on or through the Athlete CRUSH Inc. App, or for events arising from the distribution of any information you choose to publicly post or share through the Athlete CRUSH Inc. App. As contemplated in the Terms, when you post content to the Athlete CRUSH Inc. App, you irrevocably give us the worldwide, perpetual, unlimited, royalty-free right to use such content in any manner, for any purpose and in any medium (now known or later developed). We can also do anything else with it – for example, we might develop new App features, or develop commercial products for sale, that are based on ideas or suggestions contained in posts by you or other users, and we have no obligation to compensate or notify you. We might also highlight your content, change it, incorporate it into other content, and/or post or use it in any medium (inside and outside of the Athlete CRUSH Inc. website or App).

Social Networking and Other Websites.The Athlete CRUSH Inc. App allows you to share information, including Personal Information, with social networking websites/services, such as Facebook, Instagram, Twitter, and Snapchat. A third party site’s use of any information you disclose or authorize for sharing will be governed by the third party site’s privacy policies, and you may be able to modify your privacy settings on those third party sites.

Marketing.We do not rent, sell, or share your Personal Information with other people or non-affiliated companies for their direct marketing purposes without your permission. We may, however, allow access to other data collected by the Athlete CRUSH Inc. App to enable the delivery of online advertising on and through the Athlete CRUSH Inc. App, or otherwise facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. For example, we may target advertising towards you based upon your Personal Information without sharing your Personal Information with a third party. If you respond to such advertising, then the third party may deduce that you meet certain characteristics (e.g., you are male and a fan of a particular sport or sports). In all cases, we may market our services to you directly, and such third party advertisers may also market their services to you directly. Information collected through the Athlete CRUSH Inc. App shall be available to us and to such third parties subject to this Privacy Policy.

Your Personal Data Rights.

You may, at any time, request access to your Personal Information to be corrected, altered, or deleted. Requests should be sent to [email protected] or to the mailing address provided under “Contact Information.”

As Required By Law and Similar Disclosures.Notwithstanding anything herein to the contrary, we reserve the right to, and we may, access, preserve and/or disclose your Personal Information, other account information, non-personal information and content if we believe doing so is required or appropriate to: (a) comply with government or law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; (c) protect or defend yours’, ours’ or others’ rights, property or safety or the Athlete CRUSH Inc. App; (d) with respect to notices and counter notices pursuant to our DMCA notice and takedown policy and procedures; (e) if we believe that such action is necessary to conform with the requirements of the law or legal process; and/or (f) in an emergency to protect the health and safety of Athlete CRUSH Inc. App users or the general public (the DMCA notice can be found in the Terms of Service section “Notice and Procedure for Making Claims of Infringement and Regarding the Digital Millennium Copyright Act (DMCA)”).

Merger, Sale, or Other Asset Transfers.If any of us or the Athlete CRUSH Inc. App is involved in a change in control, merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership and/or sale assets, or if the event of a transition of the Athlete CRUSH Inc. App to another provider, then your information (including Personal Information) may be sold or transferred as part of such a transaction as permitted by law and/or contract. The use of your information following any of the foregoing events will be governed by the provisions of the Privacy Policy in effect at the time such information was collected by us.

Permission. We may also disclose your Personal Information with your permission.

Sweepstakes Contests and Promotions.We may offer giveaways, sweepstakes, contests, quizzes and other promotions through the Athlete CRUSH Inc. App which may require registration. By entering any sweepstakes, contest or promotion, you are agreeing to the official rules that govern that sweepstakes, contest or promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the sweepstake, contest or promotion, or others, to use your name, voice and/or likeness in lists, disclosures, advertising or marketing associated with the sweepstakes, contest or promotion. If you choose to enter a sweepstake, contest or promotion, then Personal Information may be disclosed to third parties or the public in connection with the administration of such sweepstakes, contest or promotion, including, without limitation, in connection with winner selection, prize fulfillment and as required by law or permitted by the promotion’s official rules, such as on a winners list. In addition, we may conduct programs that do not require registration, in which we provide you with a gift or giveaway, for your use of the App. Please refer to the “Displaying to Other Users” section above and the Terms for more information regarding the uses of your User Content.

Third-Party Email Promotions.Occasionally we may send you an email from, or on behalf of, one of our advertisers. These advertorial features are clearly marked as such (e.g., by the email “from” or “subject” line and/or the title at the top of the email itself). The content is paid for by our sponsors, and does not reflect the opinions of our editorial staff. If you would prefer not to receive these emails, then you can unsubscribe by sending an email to [email protected].

OTHER INFORMATION; CONTACT US

Security

We cannot ensure or warrant the security of any information you provide or transmit to us. We do not accept liability for, and you agree that we are not liable or responsible for, the inadvertent, unintentional disclosure, theft or destruction of your Personal Information or other information. Do not share any information on or through the Athlete CRUSH Inc. App if you are concerned about the unauthorized access to such information by a third party.

By using the Athlete CRUSH Inc. App or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Athlete CRUSH Inc. App. If we learn of a security system’s breach, then we may attempt to notify you electronically by posting a notice on the Athlete CRUSH Inc. App, by sending an in-app notification or sending an email to you; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at [email protected].

Children’s Privacy

We do not knowingly collect personal information from children under 13, as that term is defined in rules implementing the Children’s Online Privacy Protection Act. No part of the Athlete CRUSH Inc. App is intended for, or directed to, children under the age of 13, or the otherwise applicable age restrictions as specified by your country of residence. If you are a parent or guardian of a child under the age of 13 and learn that such child has provided us with Personal Information without your consent, then you may alert us at [email protected]. A parent or guardian of a child under the age of 13 may review and request deletion of such child’s Personal Information, as well as prohibit the use thereof. If we learn that we have collected any personal information from children under 13, then we will promptly take steps to delete such information and terminate the child’s account.

International Users

By using the Athlete CRUSH Inc. App, you will transfer data to the United States.By choosing to visit the Athlete CRUSH Inc. App or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of Delaware and the dispute resolution provisions set forth in the Terms.

If you are visiting from the European Union or other regions with laws governing data collection and use, then please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information, you consent to any transfer and processing in accordance with this Privacy Policy. If you wish to withdraw your consent for the use and sharing of your Personal Information pursuant to this Privacy Policy, then you will need to terminate your account and cease all use of the Athlete CRUSH Inc. App. You can deactivate your account by sending an email to [email protected].

We have appointed Werner Klein of AGS Beratung as our European Union representative to handle any and all issues related to processing. If you or any local authority have questions or issues related to processing, you may reach our representative using the following information:

Werner Klein

AGS Beratung

Hauptstrasse 1

D-67744 Kirrweiler b. Lauterecken

Mobil: +49 171 6824717

Tel.: +49 6387-994538

Fax: +49 6387-994538

e-Mail: [email protected]

 

Your California Privacy Rights

Under the California “Shine The Light” law, California residents may opt-out of our disclosure of Personal Information to third parties for their direct marketing purposes. You may choose to opt-out of this sharing at any time by submitting a request to [email protected].This opt-out does not prohibit disclosures made for non-marketing purposes or for marketing by Athlete CRUSH Inc. App or us. If you are a resident of California, then, pursuant to California Civil Code Section 1798.83, you may request information regarding our disclosure of your personal information to a third party for that party’s direct marketing purposes. Any such disclosure made to a third party by us would be otherwise in accordance with the terms of this Privacy Policy. To make such a request please send an email to [email protected]or write to us at:

Athlete CRUSH Inc.

Attn: Privacy Policy

1438 Germantown Avenue

Philadelphia, PA, 19122

Email:[email protected].

Updating Your Information and providing Questions and Suggestions

If you would like to update or correct any information that you have provided to us through your use of the Athlete CRUSH Inc. App or otherwise, or if you have questions about or suggestions for improving this Privacy Policy, then please send an email to [email protected].

Changes To Our Privacy Policy And Practices

We may revise this Privacy Policy frequently, so review it periodically.

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this page of the Athlete CRUSH Inc. App. The revised version will be effective when it is posted unless otherwise specified as set forth at the top of this Privacy Policy. If you are concerned about how your information is used, then bookmark this page and read this Privacy Policy periodically. You are responsible for ensuring your continued acceptance of this Privacy Policy and your continued use of the Athlete CRUSH Inc. App following a change in the Privacy Policy will subject your use of the Athlete CRUSH Inc. App following any such change to the new provisions of this Privacy Policy.

New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, then we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

Opt-Out Information. You may notify us using the link provided in our email correspondence if you want to opt-out from receiving future commercial correspondence, including emails, from us or our affiliated companies. We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain or all benefits and features of the Athlete CRUSH Inc. App. You may also modify your notification settings by navigating to “Settings → Notifications” within the Athlete CRUSH Inc. App mobile application. We may also, at our discretion, provide you with other opportunities to opt out.

Contact Information. You can contact us at:

Athlete CRUSH Inc.

Attn: Privacy Policy

1438 Germantown Avenue

Philadelphia, PA, 19122

Email:[email protected].