PRIVACY POLICY

EFFECTIVE:  5/1/2021

This Privacy Notice is intended to describe how FloSports, Inc. (“FloSports”) collects, uses, and shares Personal Data that you submit to us and that we collect about you in connection your use of the Services. The term “Services” refers to our to live and on-demand coverage of sports, events, and original content (“Content”), as well as other products, features, tools, or services offered from time to time by FloSports through the Platform. The term “Platform” refers to, collectively, the flosports.tv website and other affiliate or related websites (the “Site”), mobile applications, and other places through which the Content may be accessed, including websites and applications of FloSport’s third-party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed Content.    

This Privacy Notice applies to anyone viewing any Content or otherwise using the Services (collectively, “you”), whether you are a subscriber, or other registered user, of the Services, or a visitor who has not subscribed to or registered for the Services. 

DATA WE COLLECT

For purposes of this Privacy Notice, “Personal Data” means information reasonably relating to an identified or identifiable natural person.  As described further below, we may collect certain Personal Data from or about you in connection with your use of the Services, such as your name, address, telephone number, email address, username and password, and payment data. 

You are not required to provide all Personal Data identified in this Privacy Notice in order to view Content or use the Services; however, please note that if you do not provide the Personal Data requested, we may be unable to provide some or all of the Services to you.

We may collect Personal Data as follows:

  • Account creation and purchases.  We collect Personal Data, such as your name, address, phone number, email address, username and password, and payment data, when you create an account or subscribe to the Services, or when you use or interact with the Platform and Services.   
  • Communications with us and submissions to the Site.  We collect Personal Data, such as your name, email address, and other contact information, when you communicate with us, including when you email us, submit information through the Site, such as an inquiry to become an advertiser, and when you sign up to receive materials.  
  • Events and programs.  We may collect Personal Data, such as your name, email address, and other contact information, that you provide when you register for or participate in our events or programs.
  • Social Media Networks.  If you choose to sign up, log into, access, or otherwise connect to the Services through a social media or other third-party account (e.g., Facebook) (“Social Media Network”), we may collect Personal Data that you have provided to that Social Media Network, such as your user ID and/or user name associated with that Social Media Network, and any information or content you have permitted the Social Media Network to share with us, as well as information you have made public in connection with your Social Media Network account.  If you want to control or limit sharing data from Social Media Networks, you should adjust the privacy settings on your Social Media Network account.
  • Job applications.  If you apply for employment with FloSports, we collect Personal Data you submit to us in connection with your application.  If you apply through a Social Media Network, such as LinkedIn or Indeed, we may collect Personal Data associated with your Social Media Network account, as further described above.
  • Online communities and forums.  We may collect Personal Data when you engage with our online communities, blogs, chat rooms and forums, including any information you may provide through your interaction with or participation in our social media pages and groups.  Please note that online forums and chat rooms may be publicly accessible, and other users may view information you post.  We encourage you to exercise care in deciding what information and content you wish to disclose.
  • Varsity TV subscribers and users.  If you are a user or subscriber of Varsity TV, we may collect Personal Data consistent with the Terms of this Privacy Notice and our Terms of Use. 
  • Third parties and publicly-available sources.  We may obtain certain data about you from third-party sources, such as business partners through which you may access the Services (such as Roku or AppleTV) or data aggregators, as well as publicly-available sources, in order to help us provide and improve the Services and for marketing and advertising.  We may combine your Personal Data with data we obtain from our Services, other users, or third parties to enhance your experience and improve the Services.
  • Cookies and other tracking technologies.  When you use the Services or view FloSports advertising outside the Services, we may collect certain Personal Data using cookies and other technologies, such as web beacons, device IDs, geolocation from IP addresses and Apps, HTML5 local storage, Flash cookies, and IP addresses. We specifically use browser cookies for different purposes, including cookies that are strictly necessary for functionality and cookies that are used for personalization, performance/analytics, and advertising. When you interact with the Services, we may also automatically collect certain data about your device, including information about your web browser, IP address, and time zone, as well as device identifiers or other unique identifiers such as advertising identifiers. We may collect information about your activity on the Services including information about the Content you view, page views, ad data, referral URLs, network state, and identifiers associated with browser cookies, and carrier information. Our “Use of Cookies and Similar Technologies” section contains more information and options to control or opt-out of certain data collection or uses.
  • Special Categories of Personal Data.  We generally do not collect or require special categories of Personal Data (such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health information, biometric data, or sexual orientation) in order to access the Content or use the Services.  In the event we may need to collect special categories of Personal Data in order to provide a specific service to you, we will obtain your consent as required by law.  In certain circumstances, subject to applicable law, we may process or otherwise disclose special categories of Personal Data without your consent, such as to protect the vital interests of you or of another person or to comply with our legal obligations.

USE OF COOKIES AND SIMILAR TECHNOLOGIES

FloSports uses cookies and similar technologies to improve user experience, for performance and analytics, and to improve our Content and Services.  We also use cookies and similar technologies for purposes of marketing and advertising.  In those jurisdictions that require it, we allow the data subject to give explicit permission or to deny the use of certain categories of cookies.

A “cookie” is a small text file that a web server stores in browser software.  A browser sends cookies to a server when the browser makes a connection to the server (for example, when requesting a web page from the same domain that created the cookie). The purpose of cookies is to remember the browser over time and distinguish one browser instance (or user) from all others.  Some cookies and other technologies may serve to track Personal Data previously entered by a user . Most browsers allow you to control cookies, including whether or not to accept them, and how to remove them.  Cookies can remember login information, preferences, and similar information.  

Cookies, as well as other tracking technologies, such as HTML5 local storage, and Local Shared Objects (such as “Flash” cookies), and similar mechanisms, may record information such as a unique identifier, information you enter in a form, IP address, and other categories of data.  We may also use web beacons or “pixels,” and in certain circumstances may collect IP address, screen resolution and browser software and operating system types, clickstream patterns, dates and times that our Site is accessed, and other categories of data.

If you want to block the use and saving of cookies, you should take the necessary steps within your browser’s settings to block all cookies from FloSports and its external serving vendors, or use the cookie control system, if available upon first visit.  Please note that if you choose to erase or block your cookies, certain parts of the Services may not function correctly. For instance we may not be able to store your preferences or login information or customize Content and advertising to your viewing habits. For information on how to disable cookies, refer to your browser’s documentation.

DE-IDENTIFIED OR ANONYMOUS DATA

We may create de-identified or anonymous data from Personal Data by removing data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you or through obfuscation or through other means.  Our use of de-identified and anonymized data is not subject to this Privacy Notice.

HOW WE USE DATA WE COLLECT

We use Personal Data for a variety of different purposes as set out in further detail below.  In some cases, we may ask for your consent so that we may process your Personal Data.  However, in certain circumstances, applicable data protection laws allow us to process Personal Data without needing to obtain consent.  Subject to applicable law, the purposes for which we may use and process Personal Data, and the legal basis for such processing include:

  • For the performance of a contract. To perform our contractual obligations to you, including to fulfill your request for Services, to contact you in relation to any issues with the Services, where we need to provide your Personal Data to our service providers in relation to the Services, or to take steps in response to information or inquiries you may submit prior to entering into a contract or agreement with us.
  • To comply with legal obligations.  To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process.
  • Legitimate Interests. To operate and provide the Services, other than in performing our contractual obligations to you, for our “legitimate interests” for the purposes of applicable law, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.  Legitimate interests may include:
  • To provide and improve the Services, including for technical support
  • To communicate with you regarding the Services and to address and respond to your requests, inquiries, and complaints
  • To protect the confidentiality or security of information 
  • To develop, provide, and improve the Services and Platform, including to better tailor the features, content, performance, security, and support of our Services and the Platform
  • For our direct marketing purposes and to send surveys in connection with the Services
  • For fraud, loss, and other crime prevention purposes, to assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights and property, or the rights or safety of third parties 
  • To enforce our ≪Terms and Conditions≫, this Privacy Notice, or agreements with you or with third parties 
  • To comply with laws, regulators, court orders, or other legal obligations, or pursuant to legal process
  • Subject to applicable contractual or legal restrictions, in connection with a contemplated reorganization or an actual reorganization of our organization. 
  • To protect data subjects’ vital interests.  To protect the vital interests of you or of another person.
  • Consent.  In some cases where we are not already authorized to process the Personal Data under applicable law, we may ask for your consent to process your Personal Data.

HOW WE MAY DISCLOSE DATA

We may disclose Personal Data as described in this Privacy Notice, including:

  • Affiliates.  We may disclose some or all of your Personal Data to our subsidiaries, joint ventures, and other companies under our common control (collectively, “Affiliates”), for the purposes described in this Privacy Notice.  Where we share Personal Data with our Affiliates, we will require our Affiliates to honor this Privacy Notice.
  • Service Providers and Business Partners.  We may disclose Personal Data to business partners, distributors, service providers, marketing partners, and vendors in order to maintain the Platform and provide, improve, and personalize the Services, including to fulfill a request for our Services.  We may also share Personal Data for other technical and processing functions, such as sending e-mails on our behalf, fulfilling orders, technical support, or otherwise operating the Services, for analytics, and for marketing and advertising purposes.  
  • Advertising and Marketing.  We may share Personal Data with advertising and marketing partners for advertising and marketing purposes on behalf of FloSports and on behalf of third parties, such as video content providers, including with third parties involved in interest-based advertising.  These third parties may use their own cookies or similar technologies to collect or request information in delivering advertising tailored to your interests.  For more information regarding interest-based advertising and your choices, see the “Interest-Based Advertising” section of this Privacy Notice.
  • Pursuant to Legal Process.  We may also disclose Personal Data to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful request for information we receive, or as otherwise pursuant to legal process. 
  • Protection of Rights and Interests.  We may also use and disclose Personal Data to establish or exercise our legal rights, to enforce our ≪Terms and Conditions≫, this Privacy Notice, or agreements with you or third parties, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person. 
  • Business Transactions.  Subject to applicable law, we reserve the right to transfer some or all Personal Data in our possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale or transfer of all or a portion of our assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction. If any such transaction occurs, the purchaser will be entitled to use and disclose the Personal Data collected by us in the same manner that we are able to, and the purchaser will assume the rights and obligations regarding Personal Data as described in this Privacy Notice.

INTEREST-BASED ADVERTISING

We may disclose various types of information for purposes of interest-based advertising, including for third-party interest-based advertising.  Interest-based advertising is advertising that is targeted to you based on your web browsing and app usage over time and across websites or applications. Our advertising practices may also include the use of Personal Data to create de-identified audience segments that can be used for targeted marketing and interest-based advertising on the Site as well as third party services and platforms, mobile apps, and/or websites.  Prior to use, the segments are de-identified so that they will not identify You personally.  

You have the option to restrict the use of information for interest-based advertising and to opt-out of receiving interest-based ads. Depending on from where you access the Services, you may also be asked to consent to our use of cookies, including advertising cookies.  The opt-outs for interest-based advertising require that strictly necessary cookies are not blocked by the settings in your web browser. We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance in the U.S., the Canadian Digital Advertising Alliance in Canada, and the European Digital Advertising Alliance in the EU. If you live in the United States, Canada, or the European Union, you can visit Ad Choices (US), Your Ad Choices (Canada), or Your Online Choices (EU) to find a convenient place to opt-out of interest-based advertising with participating entities for each region. These websites also provide detailed information about how interest-based advertising works. Opting out does not mean that you will no longer receive advertising from us, or when you use the Internet. It just means that the data collected from our website will not be used for interest-based advertising and that the advertising you see displayed on websites will not be customized to your interests.

DO-NOT-TRACK

Do-Not-Track is a public-private initiative that has developed a “flag” or signal that an Internet user may activate in the user’s browser software to notify websites that the user does not wish to be “tracked” by third-parties as defined by the initiative. The online community has not agreed on what actions, if any, should be taken by the websites that receive the “do not track” signal, and therefore Do-Not-Track is not yet standardized. Please note that FloSports does not alter its behavior or use practices when we receive a Do Not Track signal from your browser.

SOCIAL NETWORK WIDGETS

Our Platform may include social network sharing widgets that may provide information to their associated social networks or third parties about your interactions with the Services, even if you do not click on or otherwise interact with the plug-in or widget. Information may be transmitted from your browser and may include an identifier assigned by the social network or third party, information about your browser type, operating system, device type, IP address, and the URL of the web page where widget appears. If you use social network tools or visit social networking sites, we encourage you to read their privacy disclosures, to learn what information they collect, use, and share.

INFORMATION FROM CHILDREN UNDER 18 YEARS OF AGE 

We do not knowingly collect or store information from individuals under the age of 18 years without parental consent.  If you become aware that an individual under 18 years of age has provided us with Personal Data without parental consent, please contact us at privacy@flosports.tv.  If we become aware that an individual under 18 years has provided us with Personal Data without parental consent, we will take steps to remove the data as permitted by law. 

LINKS TO OTHER SITES

The Platform may contain links or otherwise provide access to another website, mobile application, or Internet location (collectively “Third-Party Sites”).  Please note that FloSports has no control over and is not responsible for Third-Party Sites, their content, or any goods or services available through the Third-Party Sites. Our Privacy Notice does not apply to Third-Party Sites.  We encourage you to read the privacy policies of any Third-Party Site with which you choose to interact.

DATA SUBJECT RIGHTS

Data subjects in the European Economic Area and certain other jurisdictions including Nevada and California may have certain rights under applicable data protection laws, including the right to request confirmation from us as to whether or not we are processing your Personal Data.  Where we are processing your Personal Data, subject to applicable law, you also have the right to:

  • Request access to, modification or rectification, or deletion. You have the right to request access to, modification of, or deletion of your Personal Data we maintain.  If you are a registered user or subscriber, you can also make changes to your Personal Data by logging into your account and updating your profile.
  • Request restriction of processing. You have the right to request that we restrict processing of your Personal Data in certain circumstances, such as where you believe that the Personal Data we hold about you is inaccurate or our processing is unlawful.
  • Object to processing. In certain circumstances, you may have the right to opt out of data processing or request that we stop processing your Personal Data, such as a request to stop sending you direct marketing communications.  To opt-out of direct marketing communications, please see the instructions in the “Withdrawing Your Consent” section of this Privacy Notice.
  • Data portability. In certain circumstances, you may have the right to receive the Personal Data concerning you that you provided to us or to request that we transmit your Personal Data to another data controller. 
  • Lodge a Complaint.  You have the right to lodge a complaint with a supervisory authority. 

To exercise your rights, you may contact us as at privacy@flosports.tv.  As permitted by law, certain data elements may not be subject to access, modification, portability, restriction, and/or deletion.  Where permissible, we may charge for this service.  We will respond to reasonable requests as soon as practicable and as required by law. To protect your privacy and security, we may take steps to verify your identity in order to respond to your request.

WITHDRAWING YOUR CONSENT 

In most cases, we need to process certain of your Personal Data in order to fulfill our contractual obligations to you and for our legitimate interests.  Where the basis of processing is legitimate interests, you have a right to object to the processing of your Personal Data.  Please note that, subject to applicable law, we may continue to process your Personal Data even where you object if there are compelling legitimate grounds for processing that override your interests and rights, or where processing is necessary to establish, exercise, or defend legal claims.

Where consent is the basis of processing, you may at any time withdraw the consent you provided for the processing of your Personal Data for the purposes set forth in this Privacy Notice by contacting us at privacy@flosports.tv, provided that we are not required by applicable law or professional standards to retain such information. 

If you would like to stop receiving marketing or promotional messages, notifications, or updates from us, you may do so by following the unsubscribe instructions that appear in these e-mail communications.  Alternatively, you may contact us at privacy@flosports.tv to opt-out of direct marketing.  Please be advised that you may not be able to opt-out of receiving certain service or transactional messages from us, including legal notices and certain communications related to the provision of the Services. 

Please note that if you withdraw your consent or object to processing, or if you choose not to provide certain Personal Data, we may be unable to provide you some or all of the Services.

TRANSFER OF DATA

Please note that if you are using the Services from outside of the United States, your information may be transferred to, stored, and/or processed in the United States.  The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country.  If you are located outside of the United States, the transfer of Personal Data is necessary to provide you with the requested information and/or Services and/or to perform any requested transaction.  By using the Services, you acknowledge and consent to the transfer of your information to our facilities in the United States. 

DATA RETENTION

We will generally retain your Personal Data for as long as you maintain an account or subscription, for as long as is necessary to provide the Services, or for such longer period as may be required or permitted by applicable law.  We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.   

SECURITY

We implement technical and organizational security measures designed to secure and protect Personal Data.  Please note, however, we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.

CALIFORNIA PRIVACY RIGHTS

Under Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information (as defined by California law) the business shares with third parties for those third parties’ direct marketing purposes, and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To exercise your rights, you may make one request each year by emailing us at privacy@flosports.tv with “Request for California Privacy Information” in the subject line and in the body of your message. Be sure to provide in the request sufficient information to properly identify you and/or the members of your family.

UPDATES TO THIS PRIVACY NOTICE

We may update this Privacy Notice from time to time.  The most recent version of the Privacy Notice is reflected by the version date located at the top of this Privacy Notice. We encourage you to review this Privacy Notice often to stay informed of how we may process your information.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at privacy@flosports.tv or by mail using the details provided below:

979 Springdale Road

Suite 120

Austin, TX 78702

THIRD PARTY USES OF INFORMATION 

When you use our website, we share information that we collect from you, such as your email (in hashed form), IP address or information about your browser or operating system, with our identity partners/service providers, including LiveRamp Inc. LiveRamp returns an online identification code that we may store in our first-party cookie for our use in online and cross-channel advertising and it may be shared with advertising companies to enable interest-based and targeted advertising. To opt out of this use, please click here (https://optout.liveramp.com/opt_out).