Privacy Policy for Android & iOS Apps

Please read the Privacy Policy carefully to understand our practices regarding your personal data and how we will treat it. Please pay particular attention to the sections entitled “International Transfer” and “Your Rights.”

Who we are

For the purpose of applicable data protection legislation, the data controller of your information is EXACT Sport LLC, 140 S. Dearborn Street, Suite 310, Chicago, IL 60603 and we can be reached at [email protected]

Why do we need your personal data?

We need certain personal data in order to deliver the Services to you.

Your consent

By registering with us or submitting personal data through our Services, you expressly consent to the collection, use and disclosure of your personal data in accordance with this Privacy Policy. We will process your personal data in accordance with applicable data protection and privacy laws. When you register with us, you are required to consent to our Privacy Policy. This consent provides us with a legal basis under applicable law to process your personal data. You maintain the right to withdraw such consent at any time.

What kinds of information do we collect?

• Information you provide us

• Information about how you use the site

• Information about your device or network

• Payment Information

• Information from third parties

Information you provide us

For an individual user, the minimum amount of information we collect is your email address, a password, and your age. In most cases your name is required as well. If you register as a team owner, we also collect country location, time zone, team name, sport type, and contact information of the members of your team. This information about your team will be associated with your information.

We may receive your information from third parties that provide services for us in connection with the Sites and Services, and EXACT Sports may connect this information to your information that we already have.

Beyond the minimum information required to use the Services, we store data that you provide us for the Services. Examples include:

1. Your contact information (e.g., phone number, physical address, etc.)

2. Sports specific information (e.g., position, sports statistics, etc.)

3. Schedule information (e.g., whether you plan to attend an upcoming event)

4. Location information (e.g., your physical location at a given time)

5. Device and software information (e.g., the type of mobile device and associated hardware and software information, the browser used to access our web service, etc.)

Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience of our Services.

We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which are used only by us to recognize your computer or mobile device when it revisits our Services; and (2) third party cookies, which are served by service providers on our Services, and can be used by such service providers to recognize your computer or mobile device when it visits other websites.

Our Service uses the following types of cookies for the purposes set out below:

You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings. Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com.uk.

If you do not accept our cookies, you may experience some inconvenience in your use of our Services. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Services.

Information about how you use the site

We track how users use our Sites and Services including what pages they visit and what actions they take.

Information about your device or network

We track what types of devices you use to access our Sites and Services. We collect device attributes like operating system, screen size, browser, etc.

We also track what networks you come from including your mobile operator, ISP, and location.

For security purposes we also track device specific information such as your IP address and device specific identifiers such as IDFA.

Payment information

If you choose to purchase any of our paid services, you will need to pay using a payment card (e.g., credit or debit card). We use third party payment card processing companies to process payments in connection with the Sites and Services. These third parties have committed to EXACT Sports to process your payment card information in a secure, PCI compliant manner. Your payment card information is processed and retained by these third parties and will not be passed on to EXACT Sports; EXACT Sports does not store your payment card information.

If you are a team manager or league commissioner, you also may use EXACT Sports to collect funds from other users. We may deduct a service fee from these fund transfers, but we will always spell out any applicable fees at the time of the transaction. In addition, we will not use payment information you have provided for fund transfers to charge you for other services. The fund transfers do not flow through EXACT Sports and are accomplished using PayPal or another third-party payment system, which is subject to separate terms with that third party (please review the section of this policy entitled “How We Share Your Information” below for more information).

Information from third parties

We receive data from third parties that are associated with EXACT Sports. These third parties provide us with data that you are using their service. In addition these third parties may provide us with information about services you may be interested in. For example, they may provide us with what sport you are associated with or what type of coaching you do.

How we use the information

• Provide, measure and improve services for you

• Communicate with you

• Show and measure ads

• Manage the security of our Sites and Services

Provide, measure and improve services for you

Our primary use of your information is to deliver our Sites and Services for you to use.

We also use your information to measure and improve our Services. We look at this data in anonymous and aggregate form to determine things like how many users in total are using a given feature.

We also access information from third parties that provide analytical data. Our primary analytical service is Google Analytics. We use that information to improve the effectiveness of EXACT Sports and make the service easier to use. We analyze the data in the aggregate, rolling up the data across many users to better understand how EXACT Sports is being used at a macro level. You can access Google’s privacy policy at the following link: http://www.google.com/intl/en/policies/privacy/. You can opt out of Google Analytics here: http://tools.google.com/dlpage/gaoptout?hl=en.

During the process of developing, troubleshooting and administering the Site and Services, it may be necessary to look at pieces of your information to improve the Services and user experience, offer you additional information, opportunities and functionality, respond to requests that you make, resolve a problem or dispute, investigate potential security issues, or verify your compliance with our terms of use. Also, when you write us to request support, our customer support representatives may look at your information in order to assist you. We may also access and use your information to compare information for accuracy and verify it with third parties or to comply with applicable law or legal process.

Third parties (such as (i) the team owners or managers of each team/group or (ii) the league owners, commissioners, or team or club managers in each club or league) can upload your information to the Services and share pieces of your your information and other information with other team or club/league members through team and club/league settings or with the public under the Public Access settings. It is up to you as to whether you share this optional information -- none of it is required, but you may need to work with your team owner or manager or club/league owner/commissioner/manager to limit any information sharing or to remove or update any information submitted on your behalf. We may also share your information with a team owner or manager, or if you have signed up to a team that participates in our clubs or leagues products, a club/league owner, commissioner or manager, or their designated contacts, in each case as shown on our records, if we believe you or another user that has interacted with you through our services may have violated our terms of use as we consider necessary to help address the situation. The team owner is defined as the person who is listed in EXACT Sports as the billing contact for the team. The club/league owner is the person who executed the contract with EXACT Sports to purchase our club/league products.

Communicate with you

We use your information to send you marketing communications, communicate with you about our Sites and Services and let you know about our policies and terms. We also use your information to respond to you when you contact us.

Show and measure ads

We use the information we have to improve our advertising and measurement systems so we can show you relevant ads on and off our Services and measure the effectiveness and reach of ads and services.

Manage the security of our Sites and Services

We monitor the data to ensure that users are complying with our terms of service and to investigate suspicious behavior on our Sites and Services.

How is my information shared?

• Data you share through the Sites and Services

• Vendors and service providers

• Third Party Apps and Sites

• Data sharing and advertising

• Third Party Sites

• New owner

• Legal compliance

Data you share through the Sites and Services

The Sites and Services offer a number of ways to share content with members of your team, your sports organization or even publicly. You make the determination what data you want to share and how you want to share it. For example, as a player or parent you can decide what data to enter on the roster and in some cases you can enter that data but make it private. Team owners can enable the ability for the team to share certain information to social media sites and sports organization owners can determine if they want a website that is publicly accessible. In all cases the data shared is driven by the users.

Vendors and service providers

EXACT Sports employs various third parties to run its service, as further described below. These third parties operate components of the EXACT Sports architecture. EXACT Sports relies on these third parties to maintain the safety and security of your information.

We may share your information with third-party service providers to: provide you with the Sites and Services that we offer you; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to EXACT Sports or to you.

Third party apps and sites

EXACT Sports works with various third parties to bring you additional goods and services through our Sites and Services (e.g., league scheduling solutions, game and team statistics solutions, marketplace solutions such as apparel sales). We may share your information and transaction data (excluding payment card numbers) with such third parties if you, your team manager or your league/club commissioner has indicated interest in such third parties’ goods or services. Such third parties may also collect your information from you if you decide to interact with them. If we redirect you to a third-party site, we may send you to a URL on the third-party site which indicates some category data about you. For example, if you are on an adult baseball team, and you click on a third-party site link, we may send you to the page for adult baseball teams on that site. We do not pass personal information to such third-party sites without your permission. However, that third party may add that category data (e.g., the fact that you are involved with an adult baseball team) to the data it stores about you. Please review that third party’s privacy policy to understand how it uses such data.

Information shared with or collected by such third parties is subject to their privacy policy. We do not control the privacy policies of these third parties and we encourage you to review their privacy policies.

Advertising

We use third parties to help measure our content and advertising effectiveness and to serve more relevant ads on our behalf and on behalf of other third parties. These ads are in some cases targeted to you based on your information collected across various channels including, offline and online, and are shown on our website and on third-party websites. We may share some anonymous information (for example, your role as a coach or participant in the group with which you are involved or the sports or activities with which you are involved), as well as anonymous, aggregated demographic information. Our partners may also place or recognize a cookie on your computer, device, or directly in our emails/communications, and we may share personal information with them if you have submitted such information to us, such as your name, postal address, email address, or device identifiers. Third parties may collect hashed information through a variety of technologies (including cookies, web beacons, and device identifiers) on our websites, our apps, or emails we send you. While this information is anonymous, our partners may collect information directly from you through linking the hashed or obfuscated personal information we share with them to the cookie stored on your browser or device, and they may collect information such as your IP address, browser or operating system type and version, and demographic or inferred-interest information. Third parties may be able to add such information to the information it already stores about you, such as using this information to recognize you across different channels and platforms, including but not limited to, computers, mobile devices, and Smart TVs, over time for their own use such as advertising, analytics, attribution, and reporting purposes. EXACT Sports may share your email address with such third parties, solely in a hashed form that does not, in itself, identify you. Third parties may send personalized marketing emails to you based on the fact that you visited a particular website. Please review that third party’s privacy policy to understand how it uses such data. To opt-out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/appchoices. To learn more about internet-based advertising in general and to opt-out of these data provider cookies, please visit http://www.aboutads.info/choices, http://www.networkadvertising.org/choices, or the specific third-party opt-out page described below:

• Salesforce opt out link: https://www.salesforce.com/products/marketing-cloud/sfmc/salesforce-dmp-consumer-choice/

• Live Ramp opt out link: https://liveramp.com/opt_out/

• ALC opt out link: http://optoutpreference.org/

• Neustar opt out link: https://www.home.neustar/privacy/opt-out/

• Comscore opt out link: https://www.aboutads.info/choices/

Advertisers (including ad serving companies) may assume that people who interact with, view, or click on targeted ads meet the targeting criteria (for example, men ages 25-38 from a particular geographic area with an interest in sports). By interacting with or viewing an ad you are consenting to the possibility that the advertiser will assume that you meet the targeting criteria used to display the ad.

We also access your information from third parties to improve the EXACT Sports Sites and Services. For example, we access information about your location, determined from your IP address or mobile device location information, to personalize your experience. We may use this information to provide you with weather or other information that pertains to your location.

New owner

We may share some or all of your information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, your information may also be transferred as a business asset. If another company acquires our shares, business, or assets, that company will possess your information collected by us and will assume the rights and obligations regarding your information as described in this Privacy Policy. Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under common control with us (collectively, “Affiliates”), we may in the future. You hereby agree that we may share some or all of your information with these Affiliates. We will require our Affiliates to comply with this Privacy Policy.

Legal compliance

Regardless of any choices you make regarding your information, we may disclose your information (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas, warrants or other legal process served on us; (c) to protect or defend the rights or property of EXACT Sports or users of the Site and Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Service. In these cases, we provide only the data requested to be legally compliant.

Managing and deleting your information

• Managing, deleting and accessing your information

• Questions about your information

Managing your information

If you are a registered user, you may review, update, correct or delete your information by logging into EXACT Sports at www.EXACTSports.com. If you are unclear about how to do this or have concerns, contact us at [email protected]. Registered users who are California residents can find additional information about your rights below.

If you wish to exercise any of these rights, please contact us using the details below. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the rights you would like to enforce. For your protection, we may only implement requests with respect to the personal data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.

Opt-out. You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of sensitive personal data; (iv) any new processing of your personal data that we may carry out beyond the original purpose; or (v) the transfer of your personal data outside the EEA. Please note that your use of some of the Services may be ineffective upon opt-out. Despite your indicated email preferences, we may send you service-related communications, including notices of any updates to our Terms of Use or Privacy Policy.

Access. You may access the information we hold about you at any time via your account, where applicable, or by contacting us directly through our support site at EXACT Sports Help Center

Amend. You can also contact us to update or correct any inaccuracies in your information.

Move. Your personal data is portable – i.e. you to have the flexibility to move your information to other service providers as you wish.

Erase and forget. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your information, by contacting our support site at EXACT Sports Help Center. We retain the right to retain your information for up to 60 days after we process your deletion request.

Photos, team schedules and other information may be maintained by the team or group managers. If you have concerns about that information, contact your team or group manager or email us.

We may communicate with you at various times, with administrative emails or phone calls, about transactions and service announcements, customer service responses and promotional emails like special offers, newsletters and updates. You can choose to stop receiving promotional emails at any time simply by changing your preferences, unsubscribing through the applicable Sites and Services, or using an email's unsubscribe function. You may not opt out of receiving administrative messages or customer service responses, unless you delete your EXACT Sports account. If you have agreed to receive marketing communications through interactions with our partners, you must change your communication preferences with them directly.

If you choose to invite others to use EXACT Sports, we ask you for your friend's email and possibly their name. We will automatically send your friend a copy of the email. EXACT Sports or our service providers store this information for the sole purpose of sending this one-time email. Your friend may contact us to request that we remove this information from our database.

Questions about your information

If you have any questions about this Privacy Policy, just send an email to our Chief Privacy Officer at [email protected]. Or if for some reason you want to send us a letter address to:

EXACT Sports140 S. Dearborn StreetChicago, IL 60603

EU-US and Swiss-US Privacy Shield Notice

• Compliance and certification

• Personal data

• Submitting complaints

Compliance and certification

EXACT Sports complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, the United Kingdom, and/or Switzerland to the United States. EXACT Sports has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

EXACT Sports is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. EXACT Sports complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, EXACT Sports is subject to the investigation and regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, EXACT Sports may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

EXACT Sports commits to cooperate with the panel established by the EU data protection authorities (DPA’s) and the Swiss Federal Data Protection and Information Commissioner (FDIPC), with regard to unresolved Privacy Shield complaints concerning non-Human Resources data transferred from the EU and Switzerland.

Other important information

• Data retention and security

• Children's privacy

• Changes

• Do not track settings

• Information for California residents

Data retention and security

The security of your information is important to us. We store your information in EXACT Sports’s systems and we use reasonable security precautions to protect it.

No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee the security of your information or other information. If you have any questions or concerns about security, drop us a line at [email protected] and we will do our best to respond to them.

We retain information as long as it is necessary and relevant for our operations. Typically we retain information submitted for a team or group until it is deleted by the user or team/group owner/manager so that it may be accessed for that team or group on an ongoing basis (for example in the next sports season). In addition, we may retain your information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Service and take other actions permitted by law.

Children’s privacy

EXACT Sports does not knowingly collect information from children under the age of 13. Furthermore, we do not target our service to children under these ages nor do we knowingly communicate with children under 13. When we work with teams and groups with children under 13, the parents/guardians of the children are responsible for entering and managing their children’s information

International transfer

This Services are hosted in the United States of America and subject to applicable U.S. Federal and state laws, rules and regulations. Your personal data, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in your country. By using our Services, you consent and agree to this transfer, storing, processing and use of your personal data in accordance with this Privacy Policy.

Sensitive information

Subject to the following paragraph, we ask that you not send us, and you not disclose, any sensitive information (e.g., government identifiers, information related to racial or ethnic origin, political opinions, religion or other beliefs, biometrics or genetic characteristics or trade union membership) on or through the Services or otherwise to us. Note that teams or sports organizations using our Services may request certain health information from you to help ensure the safety of players. We do not use that health data in any of our marketing or advertising activities. Please consult your team or sports organization to understand how they use, disclose, and process such data.

Complaints

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Privacy Policy or our practices in relation to your personal data, please contact us at: [email protected]. We will reply to your complaint as soon as we can and in any event, within 45 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.

Changes

If we decide to change this privacy policy, we will post the changes on this site, and if there is a material change to our privacy policy for any reason, we will notify you promptly by sending an email to an email address we have on file for you. We considered sending changes via a little rolled up note attached to the leg of a carrier pigeon, but that has proven too costly.

Do not track

We do not currently respond to “do not track” signals from web browsers.

Information for California residents

Under California Civil Code section 1798.83, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us via email at [email protected]. You must put the statement "Your California Privacy Rights" in your request and include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

California S.B. 568, titled “Privacy Rights for California Minors in the Digital World” allows California minors a right to delete content that they posted to a website, social media profile, or online service while under the age of 18. To request removal of any such content, please contact us.

In addition to your rights stated in this Privacy Policy, if you are a California resident, you have the following rights:

Information. To request that we disclose the following information about our collection and use of your personal data during the past 12 months:

• The categories of personal data that we have collected about you;

• The categories of sources from which personal data is collected;

• The business or commercial purpose for collecting or selling personal data;

• The categories of third parties with whom we share your personal data;

• Whether we have disclosed your personal data for a business purpose, and if so, the categories of personal data received by each category of recipient; and

• Whether we have sold your personal data, and, if so, the categories of personal data received by each category of recipient.

Access. To request a copy of the personal data that we have collected about you during the past 12 months.

Deletion. To request that we delete personal data about you that we have collected from you.

Nondiscrimination. To exercise your rights described above free from discrimination, such as denial of goods or services; price/rate increases for goods or services (including through grants of discounts/benefits or imposing penalties); decreases in service quality; or suggesting that such discriminatory acts may occur if you exercise your rights. However, a difference in price or service quality is not discriminatory if reasonably related to the value to our business of the personal information we are unable to use due to the exercise of your rights, and we may offer you certain financial incentives that can result in different prices, rates or service quality.

Financial incentive program disclosures. To receive a clear description of the material terms of any program involving financial incentives for the collection, sale or deletion of your personal information, and decide if you want to consent to be entered in it (you can revoke this consent at any time).

How to exercise your rights

You may exercise the rights described above as follows:

Right to information, access, deletion, and opt-out of sales. You may exercise the information, access, deletion, and opt-out of sales rights described above by submitting a verifiable request as follows:

• Emailing [email protected] for remaining questions or concerns.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child under 13.

The verifiable request must: (i) provide sufficient information that allows us to reasonably verify you are a California resident about whom we collected personal information or their authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

These rights are not absolute, are subject to exceptions, and we may be required or permitted by law to decline your request.

Personal information that we collect, use and share

The chart below provides information that we are required to give you under California law about the categories of personal information that we have collected, used and shared in the prior 12 months. See below for a description of the sources of the personal information we collect, as well as the business and commercial purposes for which we collect, use and share this information.

*For a description of these categories, see the definition of Personal Information in Section 1798.140(o)(1) of the California Consumer Privacy Act.

** Our use of your personal data in a manner that constitutes a “sale” under California law is for analytics, marketing and advertising purposes.