Privacy Policy

Effective Date: July 8, 2008

By visiting the OPEN Sports Network Inc. website you agree to accept the practices described in this Privacy Policy.

This Privacy Policy applies only to the web sites owned (however accessed and/or used, whether via personal computers, mobile devices, or otherwise) or controlled by OPEN Sports Inc. ("Company," "we," "our" or "us") or other interactive features that are accessible or downloadable through the web sites owned or controlled by Company and that post a link to this Privacy Policy (collectively, the "Web Sites"). This Privacy Policy only covers information collected at the Web Sites, and does not cover any information collected at any other web site or offline by Company (unless specifically stated). The purpose of this Privacy Policy is to disclose to you what information we may collect on the Web Sites, how we may collect it, with whom we may share it, and certain other matters related to such information, including the choices you may have regarding our collection, use, and disclosure of such information. We are aware of the trust and confidence you demonstrate when you visit the Web Sites and provide us with information. The Privacy Policy below is posted to demonstrate our leadership in customer service and online security practices.

Please read this Privacy Policy carefully. In addition, please review our Terms of Use, which govern your use of the Web Sites.

CHANGES TO THIS PRIVACY POLICY AND TERMS OF USE

This Privacy Policy and our Terms of Use will change over time and the use of information which we gather now is subject to these Policies and Terms as modified. Please check this page periodically as you continue to use our site to see if any changes have been made. This Privacy Policy was last changed on July 8, 2008.

If you have any questions or concerns about our Privacy Policy or practices, please e-mail us at privacy@opensports.com or send a letter to:

OPEN Sports, Inc. Privacy Officer,

2200 SW 10th Street

Deerfield Beach, FL 33442

TYPES OF INFORMATION THAT MAY BE COLLECTED

The following are the types of information we may collect from our visitors to personalize and improve your visits at the Web Sites:

INFORMATION YOU GIVE US:

We may ask you to provide us with two types of information: (1) personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address, the last four digits of your social security number, cell phone number, and physical address; and (2) demographic information, such as gender, zip code, or similar information. We may collect this information at various places and forms on the Web Sites, including registration forms for newsletters and other communications (for example, whether by e-mail, mobile device, etc.), when you communicate or otherwise interact with us, when you submit information to us (whether or not the information is intended to be posted on the Web Sites), participate in contests or sweepstakes, surveys or voting or when you purchase a product or service through the Web Sites. You may also be asked to choose a user name and password in order to identify yourself during future visits to the Web Sites. Do not use your real name or the name of any other actual person as your user name. Providing us with information about yourself is your choice, and you can always choose not to provide certain information, but then you may not be able to take advantage of some of the Web Sites’ features.

For your convenience, if you register with one of our Web Sites through which you create a user name and password, that user name and password may work on the other Web Sites where user names and passwords are utilized. The personal information you provide and any additional information we collect about you may be used by us and across all of the Web Sites.

AUTOMATIC INFORMATION WE COLLECT:

Web Site Usage Information & Device Identifiers

We may receive and store certain types of anonymous web site usage information whenever you visit or interact with the Web Sites. For example, we may collect the page served, the time of access, the source of the request, the type of browser making the request, the preceding page view, and other similar information about your web viewing choices. This anonymous information is sometimes known as "clickstream data.” We also may collect your IP address or some other unique identifier for the particular device you use to access the Internet, as applicable (collectively referred to herein as a "Device Identifier"). A Device Identifier is a number that is automatically assigned to your computer, your cell phone, or other device used to access the Internet, and our computers identify your device by its Device Identifier. We may associate your Device Identifier with the personal information you provide. We use this data to analyze trends and statistics to improve your online experience or customer service.

Cookies/Web Beacons

The Web Sites use standard technology called "cookies," which are small data files that are transferred to your computer (or other Internet-accessing device) when you visit the Web Sites and allow your browser to accept cookies. Cookies automatically identify your web browser to the Web Sites whenever you visit the Web Sites, and may make navigating and using the Web Sites easier for you. Also, by tracking how and when you use the Web Sites, cookies help us determine which areas are popular and which are not. Many improvements and updates to the Web Sites are based on data obtained from cookies. Additionally, accepting cookies may allow you to, among other things, personalize your experience on the Web Sites. Your browser allows you to reject cookies and software is available from third parties which will allow you to visit our Web Sites without providing this information. You are welcome at our Web Sites if you choose to reject cookies or use this software but we will not be able to offer you personalized service and some areas of the Web Sites may not provide you with an acceptable user experience. The Web Sites and any communications sent by the Web Sites may contain electronic images (generally, single-pixel ".gif” images) called "web beacons”. These web beacons allow Company and third parties to monitor and collect certain anonymous information about the viewer of the web page, web-based document, e-mail message or other communication, such as the type of browser requesting the web beacon, the Device Identifier of the device that the web beacon is sent to and the time the web beacon was viewed. Company's use of web beacons on its Web Sites, include, without limitation, the following: counting unique web browsers, visits and page views, monitoring traffic and conversion patterns through our various product and service offerings on the Web Sites. We use information collected through cookies and web beacons to personalize your experience when you visit the Web Sites, including making sure you receive advertising and content that will be of greatest interest to you.

Security of Your Personal Information

We strive to maximize the security of your online experience. Your personal information, especially sensitive information like your credit card number, is always stored on our secure off-line network. Once you type in your information, it is encrypted and automatically sent directly to our order processing system, which is on a server separate from the Internet. We employ the latest encryption technology, firewalls, intrusion detection software and anti-virus software in all areas of the site which process and store your personal or account information. We are dedicated to constantly assessing and implementing technology innovations to protect your personal information from unauthorized use. No data transmission over the Internet, or wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that Company cannot ensure or warrant the security of any information you transmit to Company via its Web Sites, and you do so at your own risk.

Information From Other Sources

We may receive information about you from other sources; for example, we may obtain geographic or demographic information, or information regarding your possible interests, from third parties, or we may receive information from a marketing partner in connection with a co-branded web site or promotion. We may combine the information we receive from those other sources with information we collect through the Web Sites. In those cases, we will apply this Privacy Policy to any personal information received, unless otherwise specifically disclosed by us at the time you provide your personal information. We will also provide you with an opportunity to "opt out" of such data sharing at the time your personal information is collected.

Send To A Friend

If you send a friend a communication from the Web Sites, the information you provide (names, e-mail addresses, phone numbers, etc.) is used on a one-time basis to facilitate the communication and is not used for any other marketing purpose, unless we obtain additional consent.

HOW WE USE THE INFORMATION COLLECTED

The information you provide to us may be used to:

Send you newsletters and/or other communications for which you have registered;

Contact you about the Web Sites, including, without limitation, in our discretion to notify you of changes to this Privacy Policy, the Web Site's Terms of Use, or other policies that affect your use of the Web Sites;

Confirm or fulfill an order you have made;

Provide special offers or promotional materials to you on behalf of us or third parties;

Contact you with regard to a sweepstakes, contest or promotion in which you have participated;

Authorize a purchase or complete a transaction that you have requested, i.e., to deliver the products or other services that you ordered, and, if necessary, to invoice you;

Monitor or improve the Web Sites;

Administer the Web Sites' systems and for other internal business purposes;

Customize the advertising and content you see;

Comply with and monitor compliance with our Terms of Use and other applicable agreements and polices; and

For other purposes disclosed when you provide your information.

Moreover, if you submit to Company and/or the Web Sites comments, photographs, videos, music, text or other content, it maybe published online or offline (including on-air, on a CD or DVD, through wireless distribution, and transmission of soft copies, or any other media or format currently existing or hereafter developed), and we may publish your name, voice, likeness and other personal information in connection with publishing the content or a portion of the content, and we may use the content and any excerpt from the content in connection with advertising, marketing, publicity and promotional activities. Please also see "Information You Submit" in our Terms of Use, which governs any content you submit through the Web Sites.

Please note that information submitted to the Web Sites via a "contact us," or other similar mechanisms will not necessarily receive a response. We will not use any such information you provide to contact you for marketing purposes unrelated to your request.

WITH WHOM INFORMATION MAY BE SHARED

Except as otherwise disclosed at the time you provide your information, the following outlines the ways in which your information may be shared with others:

Independent Contractors, Third-Party Ad Serving & Audience and Traffic Measurement Services

We may employ other companies or individuals to provide certain services to us such as analyzing customer lists and data, providing marketing assistance, or consulting services. These third parties will have access to only that information needed to perform these limited functions and are required to provide your personal information with at least the same level of protection and security as the Web Sites. Such third parties are prohibited from using your personal information for any other purposes.

Among such independent contractors, the Web Sites may use third party network advertisers to serve advertisements on the Web Sites and may use a traffic measurement service to analyze traffic on the Web Sites. Network advertisers are third parties that display advertisements based on your visits to the Web Sites and other web sites you have visited. Third-party ad serving enables us to target advertisements to you for products and services in which you might be interested. Although advertisers and other companies do not have access to cookies set by the Web Sites, the Web Sites' third party ad network providers, the advertisers, the sponsors, and/or traffic measurement services may themselves set and access their own cookies on your computer if you choose to have cookies enabled in your browser. These third party cookies are set to, among other things, help deliver advertisements to you that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements are to you. Note that any images (or any other parts of a web page) served by third parties in association with third party cookies may serve as web beacons, which enable third parties to carry out the previously described activities. Third party cookies and web beacons are governed by each third party's specific privacy policy, not this one. While we may use a variety of companies to serve advertisements on the Web Sites, you may wish to visit http://www.networkadvertising.org/optout_nonppii.asp, which provides information regarding the "opt-out" procedures of certain third party ad servers we may use.

Non-Personal Information

We may share information that does not identify you individually in any way, such as aggregate user statistics, demographic information, and web site usage information with third parties.

When You Agree To Receive Information From Third Parties

You may be presented with an opportunity to receive information and/or marketing offers from third party(s). If you do not agree to have your personal information shared, your personal information will not be shared with such third party(s) for direct marketing purposes. If you do agree to have your personal information shared, your personal information will be disclosed to such third party(s) and all information you disclose will be subject to the privacy policy and practices of such third party(s). We are not responsible for the privacy policies and practices of such third party(s) and, therefore, you should review the privacy policies and practices of such third party(s) prior to agreeing to receive such information from third party(s). If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.

Products and Services Offered in Partnership with Third-Party(s)

Certain Web Sites are provided to you in partnership with third party(s) ("Co-Branded Sites") and may require you to disclose personal information in order to register for and access products and/or services. Such Co-Branded Sites will identify the third party partner(s). If you elect to register for such products and/or services at Co-Branded Sites you may be providing your information to both Company and the third party partner(s) and your information may be subject to a separate privacy policy available at the point of registration. Further, if you sign-in to a Co-Branded Web Site with a user name and password obtained at one of our Web Sites, you are automatically registering with the Co-Branded Site and your personal information may be disclosed to the identified third party partner(s) for that Co-Branded Site and will be subject to the posted privacy policy(ies).

Sweepstakes, Contests and Promotions

We may offer sweepstakes, contests, and other promotions through the Web Sites that may require registration. If you choose to enter a sweepstakes, contest or other promotion, your personal information may be disclosed to third parties in connection with the administration of such promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. Also, by entering a promotion, you are agreeing to the official rules that govern that promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the promotion to use your name, voice and/or likeness in advertising or marketing associated with the promotion.

Business Transfers

Company shares the information collected through the Web Sites with and among the Web Sites, and may share the information with its parent, subsidiaries and affiliates. Company or any of it assets, including the Web Sites, may be sold, or other transactions may occur in which your personal information is one of the key business assets for the transaction. In such a case, your personal information may be one of the business assets we transfer. Hence, Company reserves the right to disclose and transfer user information, including personal information, in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our assets, or other corporate change.

Legal Protections and Law Enforcement

We may disclose information about our users, including your personal information, in the event we are required to respond to subpoenas, court orders, legal process or other valid law enforcement measures; to comply with a legal obligation; at the request of governmental authorities conducting an investigation; to verify or enforce compliance with the policies governing the Web Sites and applicable laws; or to protect the legal rights, interests, or safety of the Web Sites, our users or others. We may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.

CORRECTING/UPDATING PERSONAL INFORMATION

The Web Sites may contain web pages through which you can change your subscriptions or correct or update the personal information you have provided to us through registration with one or more of the Web Sites. With regard to subscriptions, you also may cancel (or modify if applicable) your subscriptions by following the instructions provided to you in applicable communications regarding such subscriptions.

CHAT ROOMS, FORUMS, AND MESSAGE BOARDS

The Web Sites may make chat rooms, forums and message boards available to its users. If you post personal information online, it will be publicly available and you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public in a chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when disclosing personal information in these areas. Your use of chat rooms, forums and message boards is subject to our Terms of Use

THIRD PARTY CONTENT AND LINKS TO OTHER WEB SITES

When you are on the Web Sites you may be directed to other sites that are operated and controlled by third parties that are beyond our control. For example, if you "click" on a banner advertisement, the "click" may take you off the Web Sites onto a different web site. This includes links from advertisers, sponsors and partners that may use the Web Sites' logo as part of a co-branding agreement. These other web sites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. The Company is not responsible or liable for the privacy practices or content found on these unaffiliated sites. We recommend that you check the Privacy Policy of each site you visit.

CONSENT TO TRANSFER

We are committed to protecting personal data to the fullest extent of our Privacy Policy. Because the Company is based in the United States and conducts its business primarily in the United States, this policy is consistent with U.S. law and practice. By agreeing to our Privacy Policy, you consent to the Company applying its Privacy Policy in place of data protections under your country's law. That is, you freely and unambiguously consent that:

  • The terms of this Privacy Policy, not your home country’s laws, control how the Company will process personal data about you
  • Data you enter on this website and other data connected with your purchases will be transmitted to and processed in the U.S., a jurisdiction whose laws do not offer data protections equivalent to your home country’s.
  • Sensitive data, such as credit card information, will also be processed consistent with this Privacy Policy and transmitted to/ processed in the U.S., a jurisdiction without equivalent data protections.

A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY

The Web Sites are general audience web sites. We do not knowingly collect any personal information from children younger than the age of thirteen (13) on the Web Sites without verifiable parental consent. If you are under the age of 13, please do not provide personally identifiable information of any kind whatsoever. If a child provides us with personally identifiable information, a parent or guardian of that child may contact us to delete the child's personal information by sending an e-mail to privacy@opensports.com or by writing to:

Open Sports Network Inc.

Att’n: Jeff Pendexter

2200 SW 10th Street

Deerfield Beach, FL 33442