PRIVACY POLICY
This Privacy Policy applies to the mobile app as of September 1, 2018. We respect the privacy rights of all users of FindaBaller (referred to in this Privacy Policy as our “Users” and our “App,” respectively). Use of the App and the activities and services available on and through the App referred to in this Privacy Policy, together with the App, as the “Services”) is governed by our Terms of Use. In this Privacy Policy, we state our policies and practices with respect to your privacy. In particular, we respect the concerns of parents and guardians regarding their children’s access to and use of our App, and have special privacy rules for children who we have knowledge are under 13.
As a User of our App, we want you to know what kind of personalized information we may collect through the App, how we collect such information, how we intend to use the information, and how we intend to keep the information secure. Generally, some of this will depend on what type of User you are:
Teenagers (ages 13-17) and Adults
Teenagers are encouraged to check with their parents or guardians before submitting any personally-identifiable information to this App. As a teenager or adult Visitor to this App, you may be asked to provide certain personally-identifiable information. We use the information we collect largely for User participation in our Services and promotional or marketing purposes, which may include disclosing such information to others. Teenage and adult Users are also subject to the General terms of our Privacy Policy, which apply to all Users of our App regardless of age, and which include the opportunity for you to opt out of permitting certain uses of your personally-identifiable information (such as our disclosure of it to third parties for their marketing purposes).
Children Under 13
With a few exceptions, before a child who we have knowledge is under 13 may participate in certain Services on the App (in particular, those in the course of which personally-identifiable information will be collected from the child), the child will have had to obtain consent. The App will have verified the age of the User during the purchase of Services. We use the information we collect in connection with the child’s participation in the Services provided through the App and/or for our own promotional purposes. We do not disclose the personally-identifiable information of children who we have knowledge are under the age of 13 to third parties, other than under certain limited situations in which it is provided to service providers and used on our behalf. A parent or guardian has ultimate control over the personally-identifiable information collected from his or her child under the age of 13. A child under 13 is also subject to the General terms of our Privacy Policy, which apply to all Users of our App regardless of age, and which include the opportunity for the child under 13 (or his or her parent or guardian) to opt out of permitting certain uses of his or her personally-identifiable information.
You are encouraged to check with your parents or guardians before submitting any personally-identifiable information to this Site.
PARENTS AND GUARDIANS NOTICE
It is important for you to talk with your teen or child about using the Internet safely. Here are just a few things to keep in mind when talking to your kids about the Internet:
• Remind your kid (whether a teen or a child under the age of 13) to never give out his or her full name, address, or phone number, or any other information that would enable someone to locate, contact or identify him or her, without your permission. Help them make up a creative and unique username and password and advise them to keep their password secret.
• Tell your kid that if they receive something that they are not sure about or if another user says or does something that they don’t like, to let you know.
• Impress upon your kid the importance of never engaging others in a communication or activity that would put them at risk.
Parental Consent for Children Under 13
With a few exceptions, before a child who we have knowledge is under 13 may register for and participate in certain Services via the App; the App will have completed an age verification and parental consent screen.
Teenagers (ages 13-17) and Adults
1 Information Collected: When using this App and its Services, Users may be asked to provide certain personally-identifiable-information (for example, name, address, phone number and e-mail address) and general, non-personal demographic information (e.g., occupation, hobbies, zip code, etc.). Users may be required to provide personally-identifiable information when registering for a specific Service via the App or requesting information from us.
2 Use of Information: We will use the information we collect through the App, for example, to provide and enable the User to participate in the Services requested, to provide e-mail accounts, to send updates regarding our App and Services, to respond to inquiries and requests, for our internal market research activities, and to otherwise promote our business. Any information we collect through the App may be used, for example, to provide a User with periodic marketing and promotional notices and other correspondences from us. This information may also be shared with others for the purpose of completing transactions arising from the App or the Services. A User may elect to “opt-out” of certain uses of their personally-identifiable information as set forth below.
3 See the “General” section for more terms of our Privacy Policy that apply to all of our Users, including Teenagers (ages 13-17) and Adults.
Children Under 13
1 Personally-Identifiable Information: With a few exceptions, before a child who we have knowledge is under 13 may provide us with personally-identifiable information through this App or any of our Services, that child will have obtained parental consent to use the App and its Services. Consent will be inferred when payment for Services is completed with a credit card. We consider the following information to be personally-identifiable: a first and last name; a home or other physical address including a street name and name of city or town; a telephone number; and any other personal information that would allow a child to be contacted, located or identified in person or online.
2 Information Collected: Some Services in the App may require Users to submit personally-identifiable information, such as: (i) first and last name, (ii) phone number and e-mail address, (iii) parent’s or legal guardian’s name and e-mail address, (iv) age and birth date, (v) zip code and/or City/State/Country, and (vi) grade level and name of school. We will only collect an email address from a child who we have knowledge is under 13. We will collect all other personally- identifiable information from the parent.
3 We respect the privacy of children, and do not collect any more personally-identifiable information than reasonably necessary to enable them to participate in the services we offer via the App.
4 Use of Information: We will use the information we collect through the App, for example, to provide and enable the User to participate in the Services requested, to provide e-mail accounts, and to send updates regarding our App and Services.
5 Disclosure of Information: We do not disclose the personally-identifiable information of children who we have knowledge are under the age of 13 to third parties, other than under certain limited situations such as: (i) in connection with some of our Services that may require personally-identifiable information be provided to a Service provider, in which event permission will be inferred by the credit card purchase of said Service by such child’s parent or guardian, (ii) in connection with a sale or acquisition of our App or assets, or (iii) as required by law or court order or in connection with a legal proceeding.
6 Parental Consent for Children Under 13: With a few exceptions, before a child who we have knowledge is under 13 may register for or participate in certain Services on the Site, parental consent will have been provided.
7 Parental Requests for Information: If a child who we have knowledge is under 13 has provided any personally-identifiable information through the App, his or her parent or guardian may request a description of what personally-identifiable information has been collected from that child through the App, the specific personally-identifiable information collected about the child through the App, and either limit or restrict any further maintenance or use of the child’s personally-identifiable information, and/or direct us to delete it. Also, a parent may decline to allow any future collection of personally-identifiable information from that child. Such requests can be made by contacting us here. We will take reasonable measures to verify that the requestor is, in fact, the parent or guardian of the child in question before providing a child’s personally-identifiable information.
8 See the “General” section for more terms of our Privacy Policy that apply to all of our Users, including children under the age of 13
General (Applicable to Users of All Ages)
1 IP Addresses: We passively collect IP addresses for the purpose of system administration and to maintain and report aggregate User information. An IP address is a number that is automatically assigned to a Users computer and/or mobile device. Web servers can automatically identify individual computers by their IP address. We may link IP addresses to personally-identifiable information.
2 Cookies: “Cookies” are pieces of information that are passively placed on an individual’s computer or mobile device hard drive to enable the individual to more easily communicate and interact with a web site. We may use cookies to customize your experience on the App and with the Services. We use cookies to deliver content specific to your interests, to save your password (if you have registered with us) so you don’t have to re-enter it each time you use our App or use the Services, and for other purposes. You may, however, disallow receiving cookies at any time through your web browser.
3 Links: The App may include links to other third party Web sites and other third party Web sites may link to the App (the “Linked Sites”). We are not responsible for the privacy practices or the content of the Linked Sites and hereby expressly disclaim all responsibility and liability which may arise from there.
4 Technical Information: Settings, technical and other information concerning a User’s computer or mobile device, such as an operating system, browser version, connectivity, various communication parameters and other information related to the operation and interaction of the User and the Services may be passively collected by us.
5 Tracking Usage Patterns: We also may passively gather information and usage patterns related to our Users’ use of the App and the Services, including without limitation, real time tracking of other Web sites linked to and from this App, to better understand how our Users, as a group, use the App and Services, and the various features thereof, as well as to help us provide personalized offerings, and to conduct market research and other commercial activities. We do not engage in behavioral targeted marketing.
6 Public Forums: When you contribute to certain community areas of the App and certain of our Services, postings and or other similar open forum, the information that you submit may be made available to other Users of the App who have registered on the App or for such Service. For this reason, we recommend that you do not submit any sensitive information, including your full name, home address, phone number, financial information or other information that would enable other users to locate you. Instead, make up a username that does not disclose your personal identity.
7 Security: We strive to protect our Users’ personally-identifiable information and privacy, however no data transmission over the Internet can be guaranteed to be 100% secure. Thus, although we will exercise great care to provide secure transmissions of personally-identifiable information, we cannot guarantee the security of information disclosed online, and Users use the App at their own risk. You may be able to create an account on our App with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password and you shall be responsible for any access to or use of the App or the Services by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify FindaBaller of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify FindaBaller when you desire to cancel your account on this App. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. In the unlikely event that we believe that the security of your personally-identifiable information in our possession or control may have been compromised, we may seek to notify you of that. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at info@FindaBaller.com with the alternative contact information you wish to be used.
8 Consent to Processing: The App is operated from the United States. All Users of the App and users of the Services fully understand and unambiguously consent to the collection and processing of their personally-identifiable information in the United States.
9 Legal Disclosure, Acquisition. We shall, pursuant to valid legal process, such as a search warrant, subpoena or court order, allow access to relevant User information, in order to comply with such process and to protect our rights and property. If warranted, we may also allow access to this information in special emergencies where physical safety is at risk. We may also disclose or transfer personally-identifiable information regarding Users in connection with a merger, acquisition, change of control or sale of all or substantially all of our assets related to the Site.
10 Opt-Out/Access: We provide Users the opportunity to opt-out of permitting certain uses of their personally-identifiable information at the time the information is requested and/or through the App, including, without limitation, our sharing of certain Users’ information with third parties for marketing purposes, as further discussed above in this Privacy Policy. To “opt-out” or to modify any information previously provided, or to contact us regarding this Privacy Policy, the App or the Services, please
• Send email to: info@FindaBaller.com
• Send certified/return receipt requested mail to: FindaBaller, —-. Attn: Customer Service
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If there are changes or additions to this Privacy Policy, we will notify Users by posting those changes here. Changes and additions to this Privacy Policy are effective when they are posted. Please check this web page periodically to see any changes we have made to our Privacy Policy. We will obtain parental consent to material changes to our Privacy Policy before applying such changes to children under the age of 13.
Version Date: September 1, 2018