Your Privacy Rights
Effective date: January 1st, 2018
The privacy rights section will address the following questions?
- WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY?
- HOW DO WE USE YOUR INFORMATION?
- WHEN AND HOW DOES F&B PROGRAMS SHARE INFORMATION IT RECEIVES?
- HOW SECURE IS INFORMATION ABOUT ME?
- CAN I ACCESS AND MODIFY MY PERSONAL INFORMATION?
- WHAT CHOICES DO I HAVE?
- CHILDREN UNDER 13
- CHANGES TO THIS POLICY
Fitness and Beyond Programs and its affiliated companies and subsidiaries (collectively, “F&B Programs,” “us”, “we” or “our”) value your privacy and are committed to protecting your personal information. F&B Programs is a network of Programs. It is powered by Upperhand Sports Management platform, which helps us transforms the way basketball athletes manage their activities and events by providing a central access location of programs and memberships. Our network includes online communities for athletes and parents who want to discover, participate in, and share activities about which they are passionate. Using our services, you’ll be able to learn about upcoming events, and, in some circumstances, to register for those events and tell your friends about the events.
We operate on an open network; that means that any athlete related information that you post may be available to our affiliates of the same network, and, in some instances, on our websites to help better the athlete.
WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY?
The information we collect from you allows you to log into our Sites, use our Services and Applications, register athletes and/or parents for events, camps, training, tutoring, consultations, memberships, and/or activities (collectively, “Events”).
Individuals and agents of individuals may provide us information directly or indirectly by registering for an Event or by otherwise using our Services (these individuals are referred to as “Consumers”). For example, you may enter your information in order to register for an Event, or someone who has organized a team may enter your information on your behalf to register your entire team. Relatedly, our Clients (including agents of our Clients) may provide us personal information about individuals who have registered for an Event being operated by our Client or who the Client wants us to contact or otherwise provide Services to on behalf of the Client.
Information We Collect Directly From You. Account Information for our Sites. You may browse our Sites without creating an online account or providing us with your information, but to use certain features or to register for an Event, you may need to create an account or otherwise provide us with information. When you create an account with us or register for an Event, we may ask you to provide the following:
Your first and last name; Your email address; Your date of birth; Your subscription preferences (whether and what types of information you would like us to send you); Information about your activities and interests; Other profile data, such as contact information, occupation, gender and photo; Your physical activities or similar health related information (how long you have played basketball, skill level or height/weight); The contact information of a friend, other members of your team, or Clients customers (when inviting them to visit the Site or when you are allowed to set up an account for them); and Payment information, such as credit card or financial account numbers (if applicable).
Log in Information for our Sites. Once you have signed up for the F&B Network powered by Upperhand Sports Management, on subsequent visits to the same Site, you may simply need to enter your user ID or email address (as applicable) and password to gain access to the Site.
Events and Training Information. As a registered user of our Site, you may be able to post information about upcoming Events. We may collect information from you if you choose to register for an Event or record your training activity. For some Events, you may register directly on our Site and through our Applications; for other Events, we may provide a link that directs you to the sponsor or holder of the Event. The information that we collect about you may vary based on the Event, but generally includes the same type of information that you would include when creating an account with us. If there is a charge to enter the Event, we may collect your credit card billing information, including your credit card number, expiration date, billing and shipping address, and other information necessary to process your payment.
Charitable Events/Fundraising. We may collect information from you surrounding the charitable event or your request for donations. In addition, if you donate to a particular Event/cause, we may collect your name, contact information, and credit card information.
Contests, Surveys and Questionnaires. When you complete questionnaires or surveys, we collect the information you submit to us. We use this information to administer to analyze the results, for research purposes, to send you other information or offers we think may be of interest to you, to comply with legal requirements, and for other purposes as discussed in this Policy.
User Profiles, Comments and Posts. Some of our Sites and Applications allow users to create or post content, such as comments, profiles, blogs, and messages. If you provide content to our Sites, we may collect and use that information as described in this Policy. Your profile, however, may offer privacy settings within your account to help you manage how your content is displayed.
Job Site References. As part of applying for Consulting with F&B Programs we may ask you for information such as details regarding your education, employment history, qualifications, and the contact information of a former colleague’s name. This information is used for job reference purposes only and is not used for any other purpose.
Information We Collect from Facebook. We may provide you with the opportunity to connect via Facebook, through our Sites or Applications. We have no control over how Facebook uses or discloses the personal information you provide to it.
Information We Collect About You From Third Parties. We also may collect information, including personally identifiable information, about you from our affiliates and non-affiliated third parties. For example, if you register for an event by clicking through our Sites, the sponsor of the event may provide us with your name and contact information.
Information We Collect Automatically. We also collect non-personal data (including, without limitation, of the type set forth above) from third parties. The information we collect from third parties may be combined with the information we collect. This information also may be associated with your username and combined with other information, including personally identifiable information that we collect about you.
HOW DO WE USE YOUR INFORMATION?
We may use the information that we gather about you for the following purposes:
To provide our Services to you, to communicate with you about your use of our Services and for other customer service purposes;
To provide information that you have requested to receive from us in response to your opt-in requests; To provide our Services at the request of our Clients; To administer Events; To provide and post results of Events; To improve our Sites and Services by providing personalized experiences, location customization, personalized help, and instructions; For marketing and advertising purposes; To send you email, follow-up questions about your Event or your participation in an Event, news and newsletters, promotions, and/or invitations to visit the Site; and To better understand how users access and use our Sites and Services, both on an aggregated and individualized basis, and for other research purposes.
Clients should note that we may use information we receive or collect regarding Consumers (including without limitation via an Event registration page) in accordance with the terms of this Policy, including in the manner set forth above. Notwithstanding the foregoing, in certain contexts, we collect information on behalf of our Clients subject to contractual requirements that limit our ability to use and transfer your information in ways that are more narrow than those in this Policy (e.g., the information be only used as necessary to provide Services to the Client and/or for other specified purposes). In those limited circumstances, your information is subject to those contractual requirements and not to this Policy, subject to enforcement by the applicable Client. If your information is collected on behalf of a third party, it will be evident at the time that you provide such information. This Policy does not cover our Clients’ use of your information outside of our Services. You should contact that party directly to determine if your information is subject to such limitations on uses and to ascertain how the third party will make use of your information.
WHEN AND HOW DOES F&B PROGRAMS SHARE INFORMATION IT RECEIVES?
Third Parties. We may share your information, including personally identifiable information, with affiliated third parties.
Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your information will be subject to this Policy.
Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors, or agents who perform functions on our behalf. For example, these providers may help us administer our Sites and Applications manage and administer Events, or process credit card payments. These third parties have agreed to maintain the confidentiality, security, and integrity of our information and may be located wherever operates. Where required by law, these companies agree to only use such information for the purposes for which they have been engaged by us unless you expressly permit them to use your information for other purposes. This information may help us to determine what advertisements to direct to you, to place on our website, and where to advertise our Services. As discussed in the advertising section below, you have the ability to opt-out of certain uses of your information. You also have the ability to opt-in to receiving certain information from us and non-affiliated third parties.
Affiliate and Referral Partners. The F&B Network has referral relationships with third-party companies and individuals (“Referral Partners”) who refer their customers to F&B Programs. F&B Programs and a Referral Partner may share certain information with respect to a Consumer that is referred by F&B or a Referral Partner to allow F&B and the Referral Partner to establish the identity of the shared Consumer and determine referral fees owed.
We also may share your information for the following reasons:
Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the acquiring company. You acknowledge and agree that any successor to or acquiror of Fitness and Beyond Programs will continue to have the right to use your information in accordance with the terms of this Policy.
In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order or other legal process, such as in response to a subpoena.
Third Party Applications. Third party applications, such as the Facebook, Twitter, Pinterest, or Google buttons, may be available on our Sites. The owners or providers of those third party applications may collect personally identifiable information from you. Their collection of information is bound by their own information collection policies and practices. Your interactions with third party applications on our Sites may be shared with others within your social network. We are not responsible for the collection and use of your information by third parties.
At times, our Sites and Applications may contain links to other third party websites. Any access to and use of such linked websites is not governed by this Policy, but, instead, is governed by the privacy policies of those third party websites, and we are not responsible for the information practices of such third party websites.
HOW SECURE IS INFORMATION ABOUT ME?
We have implemented commercially reasonable precautions, including, where appropriate, password protection, encryption, and secure socket layering to protect our Sites and the information we collect from loss, misuse and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security all of the time. Please keep this in mind when disclosing any of your personal information via the Internet.
You should take steps to protect against unauthorized access to your password, computer, and web-enabled devices, among other things, by signing off after using a shared computer, inserting a password on your web-enabled device, choosing a password that nobody else knows or can easily guess, keeping your password private, and periodically changing your password. You should never share your log-in information with others. We are not responsible for any lost, stolen or compromised passwords, or for any activity on your account via unauthorized password activity.
CAN I ACCESS AND MODIFY MY PERSONAL INFORMATION?
If your personal information changes, or if you no longer desire our service, you may correct, update, delete/remove, or ask to have it removed from a public forum or testimonial by making the change within your account settings or by contacting us via one of the methods listed in this Policy. We will respond to your request to access within 30 days. Please note that copies of information that you have updated, modified, or deleted may continue to reside in our systems for a period of time. Also, you may not be able to remove your personal information from archived web pages that we no longer maintain, such as your name from a past Event. In the event we are unable to complete your access request, we will let you know if we are unable to do so and why. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.
If your information has been shared with a third party, as described above, or collected on behalf of a Client, then that third party has received their own copy of your data. If you have been contacted by one of these third parties, or one of our Clients, and wish to correct or request they delete your information, please contact them directly.
WHAT CHOICES DO I HAVE REGARDING MY INFORMATION?
F&B Programs may send you emails from time-to-time, for example, to ask you about an Event in which you participated. When you use our Services, you may have the option of signing up for news and offers from us or other third parties, which may include, information about Events, our newsletter or other items that we (or third parties) believe may be of interest to you. If, at any time, you would like to stop receiving the information that you have requested to receive from us, you may follow the opt-out instructions contained in any such e-mail. Please note that it may take up to 10 business days for us to process opt-out requests.
To opt-out of products, programs, Services or offers from our affiliates and trusted partners, please contact Fandbprograms@gmail.com or log into your account and update your subscription preferences. If you opt-out of receiving emails or promotions from us, we still may send you e-mails about your account or any Services you have requested or received from us, or for other customer services purposes. In addition, you may still receive emails sent by our Clients through means other than our system. Further, if you opt-out of receiving information related to a particular Event, you will still receive F&B Programs communications and communications from other organizers whose Events you have attended or are registered to attend or who have otherwise obtained your email address. So you may have to unsubscribe from multiple emails before you stop receiving all communications related to Events for which you registered through our Services.
If you wish to not have your personal information shared with third parties for the creation and display of targeted advertisements, you will need to close your account. This action may be possible through the settings within your account or by contacting Fandbprograms@gmail.com.
If you would like to delete your account with us, you may do so by emailing us at Fandbprograms@gmail.com and specifying which account(s) to delete.
CHILDREN UNDER 13
Parents have the right to consent to the collection and use of personal information from children under the age of 13 (collectively, “Children,” and individually, a “Child”) without also consenting to the disclosure of such information to outside third parties, except in order to provide the Services. F&B Programs does not share personal information collected from Children with third parties for any purpose other than to provide the Services.
What information do we collect from children under the age of 13?
Personal information such as a parent’s email address;
Username and password; Date of birth; Information about a Child’s activities and interests; Other profile data, such as contact information, gender, and photo (collected from the parent); Physical activities or similar health related information (how long you have been training, skill level or weight lost); The contact of information of a friend (when inviting them to visit the Site). How we use the information collected from Children? To provide a notice to parents regarding your Child’s interest in registering to use the Sites; To obtain verifiable parental consent; To provide our Services, to communicate with parents about your Child’s use of our Services and for other customer service purposes; To provide information that a parent or Child has requested to receive from us in response to an opt-in request; To provide our Services at the request of our Clients To administer Events; To provide results of Events; and
To improve our Sites and Services by providing personalized experiences, location customization, personalized help, and instructions.
Can I access and modify my Child’s personal information? If your Child’s personal information changes, if you no longer wish to allow your Child to participate on the Sites, or if you wish to delete your Child’s information and refuse further collection and use of the information, please email us at Fandbprograms@gmail.com.
How long is my Child’s information retained? We will retain the information we collect for as long as your or your Child’s account is active, as needed to provide our Services. You may close your or your Child’s account by contacting us. Nonetheless, we may retain your or your Child’s information for an additional period as is permitted or required to comply with our legal obligations, resolve disputes, and enforce our agreements. Please note that even if we delete your or your Child’s information, it may persist on backup or archival media and other information systems.
CHANGES TO THIS POLICY
We may change this Policy from time to time, so be sure to check back periodically. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to notify you in advance of such change, by highlighting the change on the Sites or by sending an email to you at the email address that you have registered with us. Your continued use of the Services after any changes or revisions to this Policy will indicate your agreement with the terms of the revised Policy.
If we make material changes to how we use personal information collected from Children under age 13, we will notify parents by email (at the address provided to us) in order to obtain verifiable parental consent for the new uses of the Child’s personal information.