SHOTTRACKER PRIVACY POLICY

Effective as of August 20, 2019

This Privacy Policy governs the manner in which DDSports, Inc., a Delaware corporation (“ShotTracker”) collects, uses, maintains and discloses Personal Data (defined below) collected from users (each, a “User”) of its www.shottracker.com website, mobile application, and any derivative or affiliated websites or applications on which this Privacy Policy is posted (collectively, the “Services”).

1. Privacy

ShotTracker believes that every User should know how it utilizes the information collected from Users. Please note that the Services may contain links to other websites. These linked sites may not be operated or controlled by ShotTracker. ShotTracker is not responsible for the privacy practices of these or any other websites, and you access these websites entirely at your own risk. ShotTracker recommends that you review the privacy practices of any other websites that you choose to visit. Each User may choose whether or not to provide or disclose Personal Data in connection with his or her use of the Services. If a User chooses not to provide the Personal Data we request, he or she may still visit and use parts of the Service, but may be unable to access or use certain features, options, programs, and services.

ShotTracker is based, and this website is hosted, in the United States of America. If User is from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law and User is registering an account on the Services, visiting the Services, purchasing products or services from ShotTracker or the Services, or otherwise using the Services, please note that any Personal Data that User provides to ShotTracker will be transferred to the United States. Any such Personal Data provided will be processed and stored in the United States by ShotTracker or a service provider acting on its behalf. By providing your Personal Data, User hereby specifically and expressly consents to such transfer and processing and the uses and disclosures set forth herein.

We do not target children and do not knowingly collect any Personal Data from children under the age of thirteen (13). When a User discloses Personal Data on our Services, the User is representing to us that he or she is at least thirteen (13) years of age.

If you are the parent or guardian of a child under the age of thirteen (13), who you believe has provided ShotTracker with Personal Data through our Services without your consent, please e-mail us at privacy@ShotTracker.com so that we can delete the child’s information from our records.

2. The Information ShotTracker Collects

ShotTracker may collect information from Users that may be used, either alone or in combination with other information, to personally identify an individual (“Personal Data”). ShotTracker and its service providers collect Personal Data in order to provide the Services to Users, or because we are legally required to do so. If Users do not provide the Personal Data requested, ShotTracker may not be able to provide Users with the Services. The Personal Data ShotTracker and its service providers may collect includes, without limitation: (i) contact data (such as a User’s name, mailing, and e-mail addresses); (ii) demographic data (such as a User’s zip code, age, and income); (iii) financial information collected to process purchases made from ShotTracker via the Services or otherwise (such as credit card, debit card or other payment information); and (iv) other information requested during the account registration process. If a User communicates with ShotTracker by e-mail or otherwise, posts User Content (as defined in the Services Terms of Use) to the Services, posts messages to any forums, completes online forms, surveys or entries or otherwise interacts with or uses the features on the Services, any information provided in such communications may be collected by ShotTracker.

3. Information Collected Through Our Technology

ShotTracker partners with athletic associations, leagues, conferences, and schools (our “Partners”) to process kinetic and motion-related data generated during athletes’ gameplay or practice (“Motion Data”) using our technology and services (our “Technology”). Motion Data, standing alone, is anonymous in nature and is not considered Personal Data under this Privacy Policy. At the direction of our Partners, however, we may combine Motion Data with a name and email address to deliver performance-related insights and research. ShotTracker treats any Personal Data elements contained in Motion Data in accordance with this Privacy Policy and any confidentiality obligations required by our Partners. Please be advised, however, that when ShotTracker discloses Motion Data to its Partners, ShotTracker has no control over how its Partners use or further disclose Motion Data. Therefore, please inquire directly with our Partners, or review our Partners’ privacy policies, for more information on how our Partners use Motion Data, including Motion Data that contains Personal Data.

4. From time-to-time, ShotTracker may use its Technology at publicly viewable sporting events, matches, or other gameplay (each, a “Game”) to collect Motion Data. We may combine an athlete’s name and uniform number (when voluntarily displayed) with Motion Data collected during the course of a Game (collectively, “Game Data”) to provide data visualization tools and real-time gameplay information to our Partners, third parties, and individuals who subscribe to our Services. ShotTracker shall treat any Personal Data elements contained in Game Data in accordance with this Privacy Policy. Further, ShotTracker will not disclose Game Data to any third party unless such third party is performing a business purpose for ShotTracker as a service provider, or has otherwise agreed to use Game Data in accordance with applicable law.

5. Information Collected Through Various Forms

ShotTracker and its service providers may collect Personal Data in a variety of ways, including: (i) through use of the Services, e.g., when you sign up for a newsletter or make a purchase; (ii) offline, such as when you attend one of ShotTracker’s conventions or contact customer service; or (iii) from other sources, such as public databases, joint marketing partners, social media platforms (including from people with whom Users are friends or otherwise connected) and from other third parties. In addition, if Users elect to connect their social media account to the Services, certain Personal Data from a User’s social media account will be shared with ShotTracker, which may include Personal Data that is part of a User’s profile or his or her friends’ profiles.

6. Personal Data You Disclose Relating to Others

If a User discloses any Personal Data relating to other people to ShotTracker or to its service providers in connection with the Services, a User represents that it has the authority to do so and to permit ShotTracker to use the information in accordance with this Privacy Policy.

7. Social Media

ShotTracker works with certain third-party social media providers to offer Users their social networking services through ShotTracker’s Services. For example, Users can use third-party social networking services, including but not limited to Facebook, Twitter, Instagram, Vimeo, and others to share information about a User’s experience on the Services with a User’s friends and followers on those social networking services. These social networking services may be able to collect information about Users, including a User’s activity on the Services. These third-party social networking services also may notify a User’s friends, both on the Services and on the social networking services themselves, that a User is a user of the Services or about a User’s use of the Services, in accordance with applicable law and their own privacy policies. If a User chooses to access or make use of third-party social networking services, ShotTracker may receive information about such User that the User makes available to those social networking services, including information about User contacts on those social networking services.

Users also may be able to link an account from a social networking service to an account through the Services. This may allow Users to use their credentials from the other site or service to sign in to certain features on the Services. If a User links to his or her account from a third-party site or service, ShotTracker may collect information from those third-party accounts, and any information that ShotTracker collects will be governed by this Privacy Policy.

The Services provide Social Media Features (“Features”), such as the Facebook Like button, and widgets such as the “Share” button or interactive mini-programs that run on the ShotTracker site (“Widgets”). These Features may collect User’s IP address, which page Users are visiting on the Services, and may set a cookie to enable the Feature to function properly. Features and Widgets are either hosted by a third party or hosted directly on the Services. User interactions with these Features and Widgets are governed by the privacy policy of the company providing it.

8. Personal Data Users Provide To Third Parties

Please note that ShotTracker uses certain third party service providers as part of providing the Services to enhance your experience or deliver certain services. These providers may collect Personal Data about Users in performing their services and/or functions. For example, we may share your Personal Data with third party service providers who assist us in performing core functions (such as hosting, data storage, and security) related to our operation of our Services and/or by making certain interactive tools available to you as a User of our Services. We also use third party service providers for technical support, application development, tracking and reporting functions, quality assurance, and other services. In the performance of our Services, we may share Personal Data from or about you with these third party service providers so that we can deliver the highest quality user experience. We use commercially reasonable efforts to only engage with third party service providers that post a publicly available privacy notice or privacy policy.

9. Information Collected Automatically

Certain information collected from the Services is collected automatically by means of various software tools. ShotTracker has a legitimate interest in using such information to assist in log-in, systems administration purposes, information security and abuse prevention, to track user trends, and to analyze the effectiveness of the Services. Alone or in combination with other information, such automatically collected information may constitute Personal Data. Some of our service providers may use cookies or other methods to gather information regarding User’s use of the Services. Such third parties may use these cookies or other tracking methods for their own purposes by relating information about Users use of the Services with any Personal Data about Users that they may have. The use of such information by a third party depends on the privacy policy of that third party.

a) Log Files On the Service. The information inside the log files includes internet protocol (“IP”) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information a User’s browser may send to ShotTracker.

b) Cookies. ShotTracker uses cookies to make interactions with the Services easy and meaningful. When a User visits the Services, ShotTracker’s servers may send a cookie to a User’s computer. Standing alone, cookies do not personally identify Users; they merely recognize a User’s web browser. Unless a User chooses to identify himself or herself to us, either by responding to a promotional offer, opening an account, or filling out a web form, a User will remain anonymous to us.

ShotTracker may use cookies that are session-based and persistent-based. Session cookies exist only during one session. They disappear from a User’s computer when a User closes his or her browser software or turns off his or her computer. Persistent cookies remain on a User’s computer after he or she closes a browser or turns off his or her computer. Please note that if a User disables his or her web browser’s ability to accept cookies, a User will be able to navigate the Services, but may not be able to successfully use all of the features of the Services. The following sets out how ShotTracker may use different categories of cookies and a User’s options for managing cookies’ settings:

TYPE OF COOKIES DESCRIPTION MANAGING SETTINGS
REQUIRED COOKIES Required cookies enable Users to navigate the Services and use its features, such as accessing secure areas of the Services. If a User has chosen to identify himself or herself to ShotTracker, cookies are used containing encrypted information to allow us to uniquely identify the User. Each time a User logs into the Services, a cookie containing an encrypted, unique identifier that is tied to a User account is placed on a User’s browser. These cookies allow ShotTracker to uniquely identify a User when a User is logged into the Services and to process User online transactions and requests. Because required cookies are essential to operate our Services, there is no option to opt out of these cookies.
PERFORMANCE COOKIES These cookies collect information about how a User uses the Services, including which pages a User goes to most often and if they receive error messages from certain pages. These cookies do not collect information that individually identifies Users. All information these cookies collect is aggregated and anonymous. It is only used to improve how our Services function and perform. From time-to-time, ShotTracker may engage third parties to track and analyze usage and volume statistical information from individuals who visit the Services. ShotTracker may also utilize Flash cookies for these purposes. To learn how to opt out of performance cookies using your browser settings click here.To learn how to manage privacy and storage settings for Flash cookies click
FUNCTIONALITY COOKIES Functionality cookies allow the Services to remember information Users have entered or choices Users make (such as User’s username, language, or region) and provide enhanced, more personal features. These cookies also enable Users to optimize the use of the Services after logging in. These cookies can also be used to remember changes Users have made to text size, fonts and other parts of web pages that you can customize. ShotTracker may use local shared objects, also known as Flash cookies, to store User preferences or display content based upon what Users view on the Services to personalize a User’s visit. To learn how to opt out of functionality cookies using your browser settings click here. To learn how to manage privacy and storage settings for Flash cookies click here
TARGETING OR ADVERTISING COOKIES From time-to-time, ShotTracker may engage third parties to track and analyze usage and volume statistical information from individuals who visit the Services. ShotTracker sometimes use cookies delivered by third parties to track the performance of its advertisements. For example, these cookies remember which browsers have visited the Services. The information provided to third parties does not include Personal Data, but this information may be re-associated with Personal Data after ShotTracker receives it. By way of example, as a User browses the Services, advertising cookies may be placed on a User’s computer so that ShotTracker can understand what Users are interested in. ShotTracker’s advertising partners then enable ShotTracker to present Users with retargeted advertising on other sites based on your previous interaction with our Services. ShotTracker also contracts with third-party advertising networks and similar partners that collect IP addresses and other information from web beacons (see below) on our Services, from emails, and on third-party sites. Ad networks follow Users online activities over time by collecting Site Navigational Information through automated means, including through the use of cookies. They use this information to provide advertisements about products and services tailored to User’s interests. Users may see these advertisements on other websites. This process also helps ShotTracker manage and track the effectiveness of our marketing efforts. Third parties, with whom ShotTracker partners to provide certain features on the Services or to display advertising based upon User’s web browsing activity, use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. To learn more about these and other advertising networks and their opt out instructions, click here To learn how to manage privacy and storage settings for Flash cookies click here

c) Other Tracking Technologies. When Users visit the Services, ShotTracker may collect User’s IP addresses for certain purposes such as, for example, to monitor the regions from which Users navigate the Services. ShotTracker may also use web beacons alone or in conjunction with cookies to compile information about User usage of the Services and interaction with emails from ShotTracker. Web beacons are clear electronic images that can recognize certain types of information on a User’s computer, such as cookies, when a User viewed a particular site tied to the web beacon. For example, ShotTracker may place web beacons in marketing emails that notify ShotTracker when a User clicks on a link in the email that directs a User to the Services. ShotTracker may use web beacons to operate and improve the Services and email communications.

d) Analytics Software Tools. ShotTracker uses Google Analytics on the Services to help analyze the traffic on the Services. For more information on Google Analytics’ processing of Personal Data, please see http://www.google.com/policies/privacy/partners/. By using a browser plugin http://www.google.com/ads/preferences/plugin/ provided by Google, Users can opt out of Google Analytics.

10. How ShotTracker Uses Information

ShotTracker may use Personal Data collected through the Services for the specific purposes for which the information was collected, to process purchases and sales of products or services offered via the Services, to contact Users regarding products and services offered by ShotTracker, its parent, subsidiary and other related companies and its trusted affiliates, independent contractors and business partners, and otherwise to enhance Users’ experience with ShotTracker and such affiliates, independent contractors and business partners or to protect ShotTracker’s rights and/or property and to ensure the technical functionality and security of the Services. If a User no longer wishes to receive emails communicating new products and services, such User may opt-out in accordance with the “Opting-Out of Promotional Emails” section. In addition, if a User chooses, it may participate in ShotTracker’s e-mail list server by subscribing within the Services. A User may unsubscribe from these e-mail list servers by following the unsubscribe instructions found within the list email.

ShotTracker may also use information collected through the Services for research regarding the effectiveness of the Services as well as any business planning, marketing, advertising and sales efforts of ShotTracker, or those business purposes and efforts of its trusted affiliates, independent contractors and business partners.

11. Disclosure of Information

ShotTracker may disclose Personal Data collected from Users to its parent, subsidiary, and other related companies, trusted affiliates, independent contractors, service providers, and business partners who will use the information for the purposes outlined above, as necessary to provide the services and products offered by ShotTracker and to provide the Services itself, and for the specific purposes for which the information was collected. ShotTracker may disclose Personal Data at the request of law enforcement or governmental agencies or in response to subpoenas, court orders or other legal process, to establish, protect or exercise ShotTracker’s legal or other rights or to defend against a legal claim or as otherwise required or allowed by law. ShotTracker may disclose Personal Data in order to protect the rights, property or safety of a User or any other person. ShotTracker may disclose Personal Data to investigate or prevent a violation by User of any contractual or other relationship with ShotTracker or the perpetration of any illegal or harmful activity. ShotTracker may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. Finally, ShotTracker may disclose or transfer Personal Data collected from Users in connection with or in contemplation of a sale of its assets or business or a merger, consolidation or other reorganization of its business.

12. Personal Information Provided as Part of User Content

If a User includes such User’s Personal Data as part of the User Content that such User posts to the Services, such information may be made available to any parties using the Services and/or such User Content. ShotTracker does not edit or otherwise remove such information from User Content before it is posted on the Services. If a User does not wish to have such User’s Personal Data made available in this manner, such User must remove any such information from the User Content before posting. User contact information (which may include, without limitation, a User’s username and email address) may be included with any User Content that a User posts via the Services. ShotTracker is not liable for any damages caused or incurred due to Personal Data made available in the foregoing manners.

13. Retention of Personal Data

ShotTracker reserves the right to retain any Personal Data as long as the Personal Data is needed to: (i) fulfill the purposes that are described within this Privacy Policy; and (ii) comply with applicable law.

14. Security of Information

Information about Users that is maintained on ShotTracker’s systems is protected using industry standard security measures. However, no security measures are perfect or impenetrable, and ShotTracker cannot guarantee that the information submitted to, maintained on, or transmitted from its systems will be completely secure. ShotTracker is not responsible for the circumvention of any privacy settings or security measures relating to the Services by any Users or third parties.

15. Correcting, Updating, Accessing or Removing Personal Information

If a User’s Personal Data changes, or if a User no longer desires to receive non-account specific information from ShotTracker, ShotTracker will endeavor to provide a way to correct, update and/or remove that User’s previously-provided Personal Data. This can be done by emailing a request to ShotTracker at privacy@shottracker.com. Additionally, you may request access to the Personal Data as collected by ShotTracker by sending a request to ShotTracker as set forth above. Please note that in certain circumstances, ShotTracker may not be able to completely remove a User’s information from its systems. For example, ShotTracker may retain a User’s personal information for legitimate business purposes, if it may be necessary to prevent fraud or future abuse, for account recovery purposes, if required by law or as retained in ShotTracker’s data backup systems or cached or archived pages. All retained personally identifiable information will continue to be subject to the terms of the Privacy Policy to which the User has previously agreed.

16. Your California Privacy Rights

California Civil Code Section 1798.83 permits Users that are residents of California to request certain information regarding ShotTracker’s disclosures of Personal Data to third parties for such third parties’ direct marketing purposes. If User is a California resident and would like to make such a request, please email ShotTracker at privacy@ShotTracker.com.

17. How ShotTracker Responds to Do Not Track Signals

ShotTracker does not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Data about an individual consumer’s online activities over time and across third-party websites or online services.

18. Opting-Out of Promotional Emails

Users may choose not to receive future promotional or advertising emails from ShotTracker by selecting an unsubscribe link at the bottom of each email that you receive from ShotTracker, or by responding to the emails directly and requesting removal if such a link is not available. Additionally, Users may send a request specifying communication preferences to privacy@ShotTracker.com. Users cannot opt out of receiving transactional emails related to their account with ShotTracker or its services. Please note that even if Users opt out of receiving the foregoing emails, ShotTracker may still send you a response to any “Contact Us” request as well as administrative, maintenance and operational emails (for example, in connection with a password reset request).

19. Changes to this Privacy Policy

As our organization changes over time, this Privacy Policy is expected to change as well. We reserve the right to amend the Privacy Policy at any time, for any reason, without notice to you, other than the posting of the amended Privacy Policy on our Services. We may e-mail periodic reminders of our notices and terms and conditions, but you should check our Service frequently to see the current Privacy Policy that is in effect and any changes that may have been made to it.

20. Contacting Us

Any comments, concerns, complaints, or questions regarding our Privacy Policy may be addressed to privacy@ShotTracker.com.