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Privacy Policy

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Last modified: December 2, 2015

Introduction

SmakOnSports, Inc. ("Company" or "We") respects your privacy and is committed to protecting it through our compliance with this Privacy Policy (this "Privacy Policy").

This policy describes the types of information we may collect from you or that you may provide when you visit the websites www.smakonsports.com and www.smakonsports.com (our "Website") and/or access or use the SmakOnSports App (the "App" together with the Website, the "SmakOnSports Platform" or "Platform") and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect:

  • Through the SmakOnSports Platform.
  • In e-mail, text and other electronic messages between you and the SmakOnSports Platform.
  • Through mobile and desktop applications you download from this Website, which provide dedicated interaction between you and this Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • us offline or through any other means, including on any other apps or website operated by Company or any third party; or
  • any third party, including through any application or content (including advertising) that may link to or be accessible from or on the SmakOnSports Platform.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the SmakOnSports Platform. By accessing or using this Website or the App, you agree to this Privacy Policy. This policy may change from time to time, so please check the policy periodically for updates.

Children Under the Age of 13

The SmakOnSports Platform is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the SmakOnSports Platform. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the SmakOnSports Platform or on or through any of its features, make any purchases through the SmakOnSports Platform, use any of the interactive or public comment features of the SmakOnSports Platform or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at https://www.smakonsports.com/contact.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of the SmakOnSports Platform, including information:

  • by which you may be personally identified, such as name, postal address, e-mail address, telephone number, credit card number, and any other identifier by which you may be contacted online or offline ("Personal Information");
  • that is about you but individually does not identify you;
  • about your internet connection, the equipment you use to access the SmakOnSports Platform, and usage details;
  • when you sign up for Premium Services (as defined in the Terms of Use) or make Premium In-App Purchases (as defined in the Mobile End User License Agreement), or make other purchases through the SmakOnSports Platform, your credit card information and other financial data that we need to process your payment are collected and stored by third party payment processors, and we may collect some limited information, such as your postal code and details of your transaction history. These third parties generally provide us with some limited information related to you, such as a unique token that enables your to make additional purchases using the information they've stored and your card's type, expiration date, and last four digits;
  • you may link your account with third party services (including, but not limited to, Facebook, Google, LinkedIn, and Twitter) ("Integrated Services"). If you do, we may receive, use and share the categories of information described above, including information made publically available on or through your account of such Integrated Services, in accordance with this Privacy Policy; and/or

From time to time, we may offer you the chance to participate in sweepstakes, contests, and surveys ("Special Promotions") through the SmakOnSports Platform. Participation in a Special Promotion is entirely voluntary. A Special Promotion may be governed by a privacy policy and/or terms and conditions that are separate from this Privacy Policy, Terms of Use, and Mobile End User License Agreement). If the provisions of the Special Promotion's privacy policy or terms and conditions conflict with this Privacy Policy, the Terms of Use, and/or the Mobile End User License Agreement, those separate terms and conditions or privacy policy shall prevail. If you choose to participate in a Special Promotion, we may ask you for certain Personal Information in addition to what is stated in this Privacy Policy. That additional information may be combined with other account information and may be used and shared as described in this Privacy Policy and pursuant to any special terms (if any) related to the Special Promotion.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the SmakOnSports Platform. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
  • From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through the SmakOnSports Platform may include:

  • Information that you provide by filling in forms on the SmakOnSports Platform. This includes information provided at the time of registering to use the SmakOnSports Platform, subscribing to our services, posting material, purchasing Premium Services and requesting further help and/or services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the SmakOnSports Platform.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through the SmakOnSports Platform and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the SmakOnSports Platform.
  • Your search queries on the SmakOnSports Platform.
  • Any other information provided by you on or through the SmakOnSports Platform.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the SmakOnSports Platform, or transmitted to other users of the SmakOnSports Platform or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the SmakOnSports Platform with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect through Automatic Data Collection Technologies

As you navigate through and interact with the SmakOnSports Platform, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to the SmakOnSports Platform, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.

You may opt out of this data collection by adjusting the privacy settings in your account profile.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the SmakOnSports Platform and to deliver a better and more personalized service, including by enabling us to:

  • Measure our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Platform according to your individual interests.
  • Speed up your searches.
  • Improve our Platform.
  • Recognize you when you return to our Platform.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small set of data transmitted from the Website to your computer or your smartphone, and stored thereon. You may refuse to accept browser cookies by activating the appropriate setting on your browser or in the settings of your smartphone. However, if you select this setting you may be unable to access some or all of the SmakOnSports Platform features. Unless you have adjusted your browser or smartphone setting so that it will refuse cookies, our system will issue cookies when you direct your computer or mobile device to the SmakOnSports Platform.
  • Web Beacons. Pages of the SmakOnSports Platform and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website and app statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • Javascript that transmits anonymous usage information to third party companies for analysis.

Third-party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the SmakOnSports Platform are served by third-parties, including advertisers, ad networks and servers, your mobile device manufacturer, your mobile service provider, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the SportSmak Platform. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information below.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present the SmakOnSports Platform and its contents to you.
  • To provide you with information, products or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to the SmakOnSports Platform or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on the SmakOnSports Platform.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about the SmakOnSports Platform users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use (https://www.smakonsports.com/terms-of-use), our Mobile Application End User License Agreement (https://www.smakonsports.com/mobile-eula), and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser and/or smartphone to refuse all or some browser cookies, or to alert you when cookies are being sent. you disable or refuse cookies, please note that some or all of the SmakOnSports Platform may then be inaccessible or not function properly.
  • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data (the registration form). You can also always opt-out by logging into the SmakOnSports Platform and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by contacting us at: https://www.smakonsports.com/contact.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (the registration form) or at any other time by logging into the SmakOnSports Platform and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to info@smakonsports.com. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, product service experience or other transactions.
  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by checking the relevant box located on the form on which we collect your data (the registration form). You can also always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by contacting us at: https://www.smakonsports.com/contact.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Accessing and Correcting your Information

You can review and change your personal information by logging into the SmakOnSports Platform and visiting your account profile page.

If you delete your User Contributions from the SmakOnSports Platform, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other SmakOnSports Platform users. Proper access and use of information provided on the SmakOnSports Platform, including User Contributions, is governed by our Terms of Use (https://www.smakonsports.com/terms-of-use) and Mobile Application End User License Agreement (https://www.smakonsports.com/mobile-eula).

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of the SmakOnSports Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at: https://www.smakonsports.com/contact.

Data Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on secure cloud-based servers behind firewalls. Any payment transactions will be encrypted using SSL technology and other technologies used by the Apple Store, the Amazon Appstore, Google Apps Marketplace, and other third party payment processors.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the SmakOnSports Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the SmakOnSports Platform like message boards. The information you share in public areas may be viewed by any user of the SmakOnSports Platform.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the SmakOnSports Platform. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the SmakOnSports Platform.

Changes to Our Privacy Policy

It is our policy to post any changes we make to this Privacy Policy on this page with a notice that this Privacy Policy has been updated on the Website home page and on the main page of the App. If we make material changes to how we treat our users' Personal Information, we will notify you by e-mail to the primary e-mail address specified in your account or through a notice on the Website and the main page of the App. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website, App and this Privacy Policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: https://www.smakonsports.com/contact.

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