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Your California Privacy Rights
If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: [email protected]; or send mail to: 10680 Treena St. Suite #550, San Diego, CA US 92131.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please e-mail us at: [email protected]; or send mail to: 10680 Treena St. Suite #550, San Diego, CA US 92131. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.
Personal Information Collected
Use of Personal Information
By submitting your personal information by and through the atSports® Offerings, you agree that we may share, sell, rent, lease or otherwise provide that personal information to any of our prospective and actual business partners or a third party for any purpose, and we may work with other businesses to bring selected retail opportunities to our Users. These businesses and third parties may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) direct marketers.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ personal information as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.
We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience with the atSports® Offerings and/or to contact you when necessary in connection with your use of the atSports® Offerings. We may also use your personal information for internal business purposes, such as analyzing and managing our business including, without limitation, the atSports® Offerings. We may also combine the information we have gathered about you with information from other sources.
We reserve the right to release current or past Registration Data and other personal information: (i) in the event that we believe that the atSports® Offerings are being or have been used in violation of the Terms and Conditions or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; or (iii) if we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if atSports® is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.
You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law including the CAN-SPAM Act of 2003, as amended from time to time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.
User Submitted Content/Interactive Services/Social Media Websites
If you submit personal information via User Submitted Content, Feedback by and through the Interactive Services and/or any applicable Social Media Pages appearing on Social Media Websites, you should be aware that the personal information that you submit using such forums can be read, collected or used by other users of these forums (depending on your privacy settings, in the case of Social Media Websites), and could be used to send you unsolicited messages or otherwise contact you without your consent or desire. We are not responsible for the personal information that you choose to submit in these forums.
Further, by submitting User Submitted Content, you: (a) represent and warrant that atSports’® use of your submission does not and will not breach any agreement, violate any law, violate any Social Media Website’s terms of service or infringe upon any third party’s rights; (b) agree that atSports® is free to use in any manner all or part of the User Submitted Content and/or other material on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (c) grant atSports® all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all User Submitted Content and/or other material, in whole or in part, or as a derivative work, without any duty of atSports® to anyone whatsoever.
Non-Personal Information Collection and Use
IP Addresses/Browser Type
We may collect certain non-personally identifiable information about you when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T/Rogers, Bell). We use the non-personally identifiable information that we collect to improve the design and content of the atSports® Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the atSports® Offerings.
atSports® reserves the right to transfer and/or sell aggregate or group data about users of the atSports® Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of atSports® Offerings Users as a group, without disclosing personally identifiable information.
This Site may contain links to third-party owned and/or operated websites including, without limitation, the Social Media Websites. atSports® is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and atSports® has no responsibility or liability relating to them.
We endeavor to safeguard and protect our Users’ personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). The privacy of your personal information is very important to us
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. The servers that we store personal information in are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control. Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software constitutes a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site is at your own risk.
All of our Users’ personal information is restricted in our offices. Only employees or third party agents who need the personal information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Please also remember that by choosing to provide Personal Information using certain public features of the Services, you make your information publicly available. Users reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
To opt-out of receiving e-mail communications from us, you can follow the instructions at the end of the applicable e-mail message or e-mail us at: [email protected]
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for atSports® Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving atSports® Offerings-related and inquiry response-related messages from atSports®, you must cease requesting and/or utilizing the atSports® Offerings and cease submitting inquiries to atSports®, as applicable.
Deleting, Modifying and Updating Your Information
At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have collected. You may do so by e-mailing us at: [email protected] We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your personal information may terminate your access to certain of the atSports® Offerings. If you wish to continue using the full complement of atSports® Offerings, you may not be able to delete all of the personal information that we have on file for you.
Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.