Mind Shift Sports
PRIVACY POLICY
This Privacy Policy (the “Privacy Policy”) describes the ways in which Mind Shift Sports and affiliates and subsidiaries, treats the information you provide while using https://www.mindshiftsports.com (the “Website”) which is maintained by Sports Connect. MSS’s goal is to provide you with information regarding any youth flag football leagues, camps, tournaments or other services of MSS (collectively, “Services”) while protecting your privacy. MSS respects the privacy of the individuals that use the Website, and this Privacy Policy describes how MSS processes the Personal Data it collects or receives from users of the Website. “Personal Data” is information that can be used either directly or indirectly to identify an individual (you), including, but not limited to, name, email address, physical address, Internet Protocol (“IP”) address, mobile ad identifier, and your interactions with the Website that are connected to other identifying information such as name, email address, physical address, and IP address. This Privacy Policy also addresses Personal Data that falls into the scope of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, known as the General Data Protection Regulation (“GDPR”), in case Personal Data processed by MSS is governed by the GDPR. However, your information, including Personal Data, will be stored in the United States.
Please read this Privacy Policy carefully. You can access the Privacy Policy at any time. Your use of and/or registration on any aspect of the Website or the Services constitutes your agreement to this Privacy Policy. By using the Website or receiving the Services, or by permitting your child to use the Website or receive the Services, you give an explicit and informed consent to the collection, use, and processing of your Personal Data in accordance with this Privacy Policy. If you cannot agree with the terms and conditions of this Privacy Policy, please do not use the Website or receive the Services. This Privacy Policy does not cover information collected elsewhere, including without limitation offline and on websites linked to and from the Website.
In addition to reviewing this Privacy Policy, please read MSS’s Terms and Conditions. Your use of the Website or receipt of the Services constitutes your agreement to MSS’s Terms and Conditions as well.
This Privacy Policy may be modified from time to time. The date of the most recent version will appear on this page, so check back often. Continued use of the Website or receipt of the Services by you will constitute your acceptance of any changes or revisions to the Privacy Policy.
What Type of Information Does MSS Collect?
Personal Data
The Website generally only requests an individual’s name and e-mail address. If at any time the Website was to collect other Personal Data, such as your full name, address, or telephone number, it would only be with your specific knowledge and consent. For instance, if the Website began to offer Services, sweepstakes, lotteries, or promotions, and you wish to register or participate, MSS may require personally identifiable information to register for the Services or to otherwise contact you in case you win.
MSS servers may also automatically collect information about your computer when you visit the Website, including without limitation the type of browser software you use, the operating system you are running, the website that referred you, and your IP address.
Non-Identifiable Information
Additionally, MSS may collect and compile information related to your use of the Website which does not constitute Personal Data, such as time, date, browser type, browser language, operating system, and the domain name of your internet service provider (collectively, the “Non-Identifiable Information”) as part of the operation of this Website, or during the course of your activities on or use of this Website.
Does MSS Use Cookies and Tracking Technologies?
MSS uses cookies, and/or other similar tracking technology, in connection with operation of the Website to help MSS personalize and tailor its services and improve the quality of those services by tracking and storing user preferences, trends, and patterns. Cookies are small pieces of information that are stored on your computer by MSS’s website server. MSS’s cookies may contain Personal Data and such cookies may be shared with MSS’s affiliates, subsidiaries and other third-party companies. If you visit any restricted access or password protected portions of the Website, you may be required to use cookies, which may include or be linked to Personal Data. The use of cookies is common in the industry, and they are used by most major websites. You may customize your browser to automatically inform you whenever a cookie is to be used or refuse all cookies but doing so may impair or prevent the performance of certain functions of the Website and may not permit access to some areas of the Website. For more information on cookies, see http://www.cookiecentral.com/faq.htm.
Some of MSS's advertisers may occasionally serve you cookies as well. MSS does not have control over cookies placed by advertisers.
MSS may also use advertising service vendors to help present advertisements on the Website. These vendors may use cookies, web beacons, or similar technologies to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, these vendors may collect non-personal data such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these advertising service vendors is subject to their own privacy policies, not MSS’s Privacy Policy, and MSS disclaims all liability in connection therewith.
How Does MSS Use Your Personal Data and Non-Identifiable Information?
MSS will use Personal Data for the purpose of which you provided it, such as providing you with MSS’s products and Services, processing transactions, and communicating with you. For instance, if you submit an order or register for Services on the Website, MSS uses your Personal Data to process and complete your registration or order. If you provide Personal Data in a search query, MSS uses that Personal Data to provide you search results. If you submit an online inquiry or correspondence to MSS and include Personal Data, MSS uses the Personal Data to respond to you. MSS also uses your information, including Personal Data, to provide you customer support. In this respect, MSS always reserves the right to contact you about customer service issues. MSS may also use your Personal Data to carry out its obligations and enforce its rights arising from any contracts and/or transactions entered into between you and MSS, including for billing and collection purposes, any other purpose allowed by applicable law, or in any other way MSS may describe when you provide Personal Data, as well as for any other purpose with your consent. Generally, the Non-Identifiable Information is used to provide better services to users and to improve the Website.
In nearly all cases, the above-described Personal Data may be collected or processed by, and transferred to, MSS’s servers located in the United States. This may be done through the Website’s Internet Service Provider (“ISP”), or through the use of such tools as Google Analytics. This information is gathered to improve the quality of MSS’s services and MSS’s ability to market those products and services to specific individuals and organizations that could benefit from them. The Website uses Google Analytics in accordance with the Google Privacy Policy (http://www.google.com/policies/privacy).
How and When Does NFF Disclose Your Information to Third Parties?
Except as described herein, MSS does not sell, trade, or otherwise transfer your Personal Data to outside third parties. However, this does not include MSS’s affiliates, subsidiaries, or trusted third parties who assist MSS in operating the Website, providing the Services, conducting MSS’s business, or otherwise servicing you, so long as those parties agree to keep your information confidential. Additionally, Non-Identifiable Information and Personal Data about you may be disclosed and shared with advertisers, business partners, sponsors, and other third parties under the following limited circumstances: MSS may disclose (a) the frequency of visits to the Website by the average user, (b) information to third parties assisting MSS in carrying out a transaction or providing a service for you (e.g., packaging, sending, and delivering purchases and information to you; clearing transactions; performing statistical analyses of MSS’s services; and performing Services), or (c) information in connection with merger and acquisition discussions.
MSS may share data, including Personal Data about you, with MSS’s affiliates, partners, subsidiaries, and third parties who provide services on behalf of MSS provided that they are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes of which MSS has disclosed to them. To the extent that these entities have access to your Personal Data, they will have agreed with MSS to follow this Privacy Policy, or already have privacy practices substantively no less protective than MSS’s practices described in this Privacy Policy, to the extent allowed by applicable law.
MSS will release information, including Personal Data, in connection with any valid law, regulation, or legal process (such as a search warrant, subpoena, statute or court order). MSS may disclose Personal Data to protect or enforce the rights, property, or safety of MSS, its users, or other third parties, including the disclosure of information with other third party organizations relating to fraud protection and credit risk reduction.
NFF may provide Personal Data to MSS’s trusted businesses or persons for processing based on MSS’s instructions, and in compliance with MSS’s Privacy Policy and any other appropriate confidentiality and security measures.
Generally, and except as indicated at the time of collection, MSS does not sell or lease any Personal Data about you to any third party. However, MSS may aggregate information (gather up data across all user accounts) in a manner that creates Non-Identifiable Information and disclose such information to advertisers and other third parties for other marketing and promotional purposes. In these situations, MSS does not disclose to these entities any Personal Data.
You may choose to opt-out of allowing MSS to provide Non-Identifiable Information to certain third parties. Visit networkadvertising.org, aboutads.info, and jumptap.com to make informed decisions about your online and mobile privacy and to opt-out.
In the event that MSS is, or substantially all of its assets are, sold or otherwise transferred, all information, including Personal Data, MSS has about you may be included in the transferred assets. The same applies in case of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of MSS's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held byMSS is among the assets transferred.
How Does MSS Protect Your Information?
MSS uses commercially reasonable technical, physical, operational, security, and procedural safeguards to protect Personal Data from loss, misuse, altercation, and unauthorized access or disclosure. MSS's security measures may include: password protected directories and databases to safeguard your information, Secure Sockets Layered (“SSL”) technology to ensure that your information is fully encrypted and sent across the Internet securely or Payment Card Industry (“PCI”) scanning to actively protect MSS’s servers from hackers and other vulnerabilities. Additionally, MSS offers the use of a secure server. All supplied sensitive/credit information is transmitted via SSL technology and then encrypted into MSS’s payment gateway providers database only to be accessible by those authorized with special access rights to such systems and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on MSS’s servers.
Due to the nature of MSS’s business, including its dependence on the public Internet, MSS cannot ultimately ensure that private communications and Personal Data will not be intercepted by third parties or otherwise obtained in ways not described in this Privacy Policy. Although MSS attempts to protect the privacy of users, v cannot absolutely guarantee that such information will remain private or secure. While no security measure can guarantee against compromise, MSS regularly reviews and updates its security measures in an effort to provide appropriate security for all information held by MSS
Processing Personal Data According to GDPR
In case you are from the European Economic Area (“EEA”) and the processing of your Personal Data falls within the scope of the GDPR, MSS shall perform such processing in accordance with GDPR requirements. Therefore, in addition to the above terms, MSS provides you with the following information:
(a) You are entitled to:
· Request access to your Personal Data. This enables you to receive a copy of the Personal Data MSS holds about you and to check that MSS is lawfully processing it.
· Request correction of the Personal Data that MSS retains about you. This enables you to have any incomplete or inaccurate Personal Data MSS retains about you corrected, though MSS may need to verify the accuracy of the new data you provide.
· Request erasure of your Personal Data. This enables you to ask MSS to delete or remove Personal Data where there is no good reason for MSS continuing to process it. You also have the right to ask MSS to delete or remove your Personal Data where you have successfully exercised your right to object to processing, where MSS may have processed your information unlawfully, or where MSS is required to erase your Personal Data to comply with local law. Note, however, that MSS may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
· Object to processing of your Personal Data where MSS is relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where MSS is processing your Personal Data for direct marketing purposes. In some cases, MSS may demonstrate that it has compelling legitimate grounds to process your information which override your rights and freedoms.
· Request restriction of processing of your Personal Data. This enables you to ask MSS to suspend the processing of your Personal Data in the following scenarios: (a) if you want MSS to establish the data’s accuracy; (b) where MSS’s use of the data is unlawful, but you do not want MSS to erase it; (c) where you need MSS to hold the data even if MSS no longer requires it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to MSS’s use of your data but MSS needs to verify whether it has overriding legitimate grounds to use it.
· Request the transfer of your Personal Data to you or to a third party. MSS will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for NFF to use or where MSS used the information to perform a contract with you.
· Withdraw consent at any time where MSS is relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, MSS may not be able to provide certain products or services to you. MSS will advise you if this is the case at the time you withdraw your consent.
(b) You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, at MSS’s discretion, MSS may charge a reasonable fee if your request is clearly unfounded, repetitive, unduly burdensome, or excessive. Alternatively, MSS may refuse to comply with your request in these circumstances.
(c) MSS may need to request specific information from you to help MSS confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure personal data is not disclosed to any person who has no right to receive it. MSS may also contact you to ask you for further information in relation to your request to speed up our response.
(d) MSS tries to respond to all legitimate requests within one (1) month. Occasionally, it may take MSS longer than one (1) month if your request is particularly complex, or if you have made a number of requests. In this case, MSS will notify you and keep you updated as to the status of your request.
(e) MSS does not perform automated decision-making, including profiling.
(f) Unless necessary and legally permissible, MSS does not intend to transfer Personal Data to a third country located outside of the United States or international organization.
(g) You may at any time lodge a complaint with a supervisory authority located in the European Union having jurisdiction over processing.
(h) If you wish to exercise any of the rights set out above, please contact MSSat [email protected].
Children
MSS takes children’s privacy seriously and does not knowingly collect, use, or disclose Personal Data from children other than in connection with the registration with, or provision of, the Services as described below, and MSS committed to complying with all applicable laws and requirements, such as the United States Children’s Online Privacy Protection Act (“COPPA”). MSS encourages all parents and guardians to instruct their children in the safe and responsible use of Personal Data on the Internet. MSS does not knowingly solicit data from or market to children under the age of 13. The Website is not intended for or directed at children under the age of 13, and MSS does not knowingly collect information from children under the age of 13 or knowingly allow such persons to register for Services. If a parent or legal guardian becomes aware that his or her child has provided MSS with information without their consent, he or she should contactMSS at [email protected]. MSS will delete such information from its files within a reasonable time.
With respect to COPPA, depending on the NFF Service, a parent will have the option to do some, if not all, of the following: (i) create an account that includes Personal Data; (ii) register your child online for Services; (iii) receive certain notifications, email or text from other users of the Service; (iv) post photographs or videos of your child; (v) make credit card or ACH payments online; (vi) view balances in accounts; or (vii) print medical release, waivers and other forms as necessary.
The Services are available to children under the age of 13 only with parental consent. The Services are intended for parents or adult use until a child reaches the age of 18. Certain Services can be used by children under the age of 13 only with significant parental involvement, oversight and approval.
Children under the age of 13 are not allowed to use Services without a parent’s permission. Children under the age of 13 also may not subscribe to, or create their own account with MSS. Children may only have an account that is established by, and with the permission of, a Parent.
MSS is required by COPPA to use reasonable efforts to ensure that before we collect any Personal Data from a child, the child’s parent receives notice of and consents to our information practices. As a parent, you should know that through the MSS Service children under the age of 13 may participate in activities that involve the collection or use of personal information. However, children may not participate in any Website activities without a parent’s permission. If your child is under age 13, MSSmust have “verifiable parental consent” before we collect and use your child’s personal information. We do this in two ways: (i) through the parent’s registration and payment for their child’s participation in a Services; be a member of a team or club; or, subscribe to use one of the Services; and, (ii) by acceptance of registration through the Website or an “email invitation” sent to the parent whereby an account, profile or registration is being created on behalf of the child; or, the child is added to team or club roster; or, the parent confirms the intended purpose to use the Service.
Louisiana Privacy Rights
Louisiana Civil Code Section § 51:3074 conducting business in Louisiana, or owning or licensing computerized data that includes personal information, must implement and maintain reasonable security procedures to protect such information. In the event of a security breach, the entity is required to notify affected Louisiana residents without unreasonable delay, but no later than 60 days from the discovery of the breach. To make such a request, please email MSS at [email protected].
CAN-SPAM Compliance
MSS has taken the necessary steps to ensure that it is compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act of 2003 by never sending out misleading information.
Information Update
MSS recognizes that changes can be made to bulletin and message boards and websites regarding website URL’s and message board placement. If you would like to update your information in any way, please email MSS your updated information to [email protected].
Third Party Links
Occasionally, at MSS's discretion, MSS may include or offer third party products or services on its Website. These third-party websites, as well as advertisements and messages, linked to the Website by MSS are developed, published, and operated by third parties over whom MSS exercises no control. Since MSS does not control the foregoing, MSS encourages you to review the privacy statement posted on any and all third-party websites. MSS is not responsible for the privacy statements or practices of websites and services controlled by third parties. Nonetheless, MSS seeks to protect the integrity of its Website and welcomes any feedback about these websites.
Data Retention
MSS will retain your Personal Data for as long as is necessary for the relevant service or as required by law, or for accounting or regulatory purposes, or as otherwise described in this Privacy Policy.
Data Security
The security of your Personal Data is important to MSS but no method of transmission over the Internet or method of electronic storage is 100% secure. While MSS strives to use commercially acceptable means to protect your Personal Data, NFF cannot guarantee its absolute security.
Your Consent and Changes to the Privacy Policy
MSS reserves the right to change, modify, or update the terms of this Privacy Policy at any time without notice. MSS posts the revised Privacy Policy on the Website and indicates the date of the current Privacy Policy above, so you know when it was last updated. If you do not agree to the revised terms and conditions of the Privacy Policy, stop using the Website. Continued use of the Website after any such revision or modification constitutes your acceptance of the Privacy Policy as so revised or modified.
Feedback
If you have questions regarding MSS’s Privacy Policy, please email MSS at [email protected] Effective Date: October 28, 2024