BLEACHR Privacy Policy

 

Last revised: December 16, 2023

 

1. General

 

BLEACHR is committed to respecting your privacy and personal information.  This BLEACHR Privacy Policy (“Privacy Policy”) sets out how Bleachr LLC (“BLEACHR”, “we”, “us”, “our”) collects, stores, uses, and shares your personal information.  Capitalized terms not defined herein shall have the meanings set forth in the Bleachr Terms and Conditions of Service (“Terms and Conditions”). 

 

This Privacy Policy applies to personal information that BLEACHR collects and processes:

 

• via BLEACHR’s  mobile application and/or any other mobile application owned, operated or powered by BLEACHR (collectively, the “App”);

 

• via the BLEACHR website located at www.bleachr.co and/or any other website owned, operated or powered by BLEACHR (including both desktop and mobile versions therof) (collectively, the “Website”); and

 

• via contests (“Contests”) it runs on or connection with the Services;

 

• via other interactions you have with us including phone or online support and online or offline correspondence.

 

The App and the Website are referred to as the “Services”.

 

This Privacy Policy also contains additional information which applies to European users only. “European users” are individual users based in the European Economic Area, the UK, and Switzerland. Other privacy policies may apply if you use other products or services that we provide.

 

By using our Services, you agree to the collection, use and sharing of your personal information as set forth in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, you may not access or use the Services.

 

We may update our Privacy Policy to reflect changes to our information practices. If we do this and the changes are material, we will post a notice that we have made changes to this Privacy Policy via the Services for a reasonable period prior to implementing the changes, and we will indicate the date these terms were last revised at the top of the Privacy Policy. Any revisions to this Privacy Policy will become effective on the date stated in the notice.

 

Additional information for European users

 

Bleachr LLC, a company registered at 5808 Northwood Drive, Minneapolis, MN 55436, United States of America, is the data controller for the purposes of the EU General Data Protection Regulation (“GDPR”) and any relevant local legislation. We have appointed a Privacy Officer who can be contacted using the contact details below (Contact Us).

 

By using the Services, you acknowledge our collection, use and sharing of your personal information as set forth in the relevant sections of this Privacy Policy. You also acknowledge that by providing your personal information through the Services, your personal information is transferred to and accessed by our personnel in the United States. If you do not wish for your personal information to be used in the manner set out in this Privacy Policy or transferred to the United States, you should not access or use the Services.

 

1. Contact Us

 

If you have any questions about this Privacy Policy or our privacy practices, please contact us at: Privacy Officer, Bleachr LLC, 5808 Northwood Drive, Minneapolis, MN 55436 or by emailing to questions@bleachr.co.

 

1. Information We Collect

 

We collect, use, store and transfer different kinds of personal information about you, which we have summarised below:

 

• Account and transaction data (to the extent that it is provided by you), including name, email address, telephone number, order details and in-App spending/transactions, user name.  This includes any information where you enter and/or win a prize in a Contest.

 

• Content and activity data, including if you submit User Content and/or other content by and through the Services such as your posts, comments, profile/avatar photo, video, audio, and your engagement activity with in-App/Website fan features, event attendance and participation, how you use the Services and which features and areas you have accessed or engaged with, reward points earned, purchases made and the advertisements you viewed while using the App.

 

• Communications data, for example any information which you choose to provide to us when you communicate with us or receive customer support.

 

• Device and technical data, such as your browser type, operating system, and your IP address (a unique address that identifies your computer on the Internet), the full URL clickstream (i.e. where you have come from on the internet and where you go to, date and time) when you enter our Website or your device type, operating system, a random ID associated with the App release number, the App Installation ID (which is a random installation ID number generated by your device when the App is installed) and your IP address when you use the App.

 

• Location data, i.e. the geolocation of your device, for example, to provide location-based features at an event such as participation in fan-stream and fan challenges.

 

• Marketing data, including your preferences in receiving marketing from us and our any relevant third parties to which you have expressly consented, your responses to research and survey questions which we ask through the Services, and your engagement with our marketing communications.

 

Aggregated or Anonymized Information

 

We also collect, use and share aggregated or anonymized data, such as statistical or demographic data, for any purpose. Aggregated or anonymized data could be derived from your personal information but is not considered personal information under the law as this data will not directly or indirectly reveal your identity. If we combine or connect aggregated data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Privacy Policy.

 

We do not collect any sensitive personal information about you (such as details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data).

 

1. How We Collect Information

 

We collect personal information:

 

1. directly from you (for example, when you download the App, set-up an App account, submit User Content and/or enter a Contest);

 

1. through automated technologies and interactions (for example, as you interact with and use our Services);

 

1. from Apple or Google if you choose to provide your email when you login to the App (otherwise you have the option to do so on an anonymized basis); and

 

1. from third party marketing analytics service providers, website analysis firms, or search information providers, such as data aggregators.

 

1. How We Use Information

 

We only use your personal information when the law allows us to do so. We use your personal information for the following purposes:

 

• To provide the Services and fulfill any orders you make using the Services.

• To facilitate your entry and ongoing participation in the Contests, including the fulfillment of prizes in connection therewith.

• To provide you with additional Services features based on your location.

• To respond to your enquiries.

• To send you marketing communications (in accordance with your preferences).

• To send you transactional and administrative messages related to the Services.

• To keep the Services safe and secure.

• To comply with our contractual obligations, our legal and regulatory obligations and protect our legal and commercial interests.

• To improve the Services and develop new services.

• To create insights and market intelligence (on an aggregated and non-personally identifiable basis) through analysing the use our Services and our user base.

• To personalize the Services and provide content and features that match your interests.

• To provide advertisements and promotions and monitor their effectiveness.

• For any other purpose for which you were propertly notified via the Services.

 

Advertisements on the Services

 

We do not use targeting or advertising cookies or similar tracking technologies on the Services to track your browsing behaviour outside the Services. Furthermore, advertisements on the Services are not based on online behavioural advertising techniques – i.e. techniques allowing the collection of data on web browsing behaviours over time and across non-affiliate websites to predict user preferences and interests to deliver advertising based on those preferences or interests – and we do not cooperate with third party advertising networks to serve such advertisements to you. Among other factors, advertisements are served based on your general location (e.g. Europe vs North America) or, with any consent necessary under applicable law, your specific geolocation. Where our advertising practices change, we will notify you and seek any necessary consents.

 

 

Additional information for European users

 

For European users, we rely on the following legal grounds for processing your personal information:

 

Processing Purpose

Legal Basis to Process your Personal Information

Provide the Services and fulfill any orders you make using the Services

To perform our contract with you to provide the Services and fulfil your orders.

Provide you with additional features on the Services based on your location

 

Your consent.

Respond to your enquiries

Where your enquiry relates to a specific aspect of the Services: to perform our contract with you and to provide our Services.

 

Alternatively, our legitimate interests in providing high quality customer service and responding to enquiries posed to us.

 

Send marketing communications

Your consent.

 

Send you transactional and administrative communications related to the Services and/or your orders

 

To comply with a legal or regulatory obligation, and/or our legitimate interests in efficiently fulfilling our legal and contractual duties (including in jurisdictions other than that in which you reside), keeping you informed about important Service updates (such as scheduled maintenance or security updates) security, and providing high quality customer service.

 

To keep the Services safe and secure

 

To comply with a legal or regulatory obligation and/or our legitimate interests in ensuring the security of the Services, preventing fraud, and creating and maintaining positive, safe and friendly space for user interaction.

 

Comply with our contractual obligations with third parties, our legal and regulatory obligations and protect our legal and commercial interests

 

To comply with a legal or regulatory obligation and/or our legitimate interests in efficiently fulfilling our legal and contractual duties (including in jurisdictions other than that in which you reside), protecting our corporate image and brand, managing legal risk, and complying with regulations that apply to us.

 

Improve the Services and develop of new services

Our legitimate interests in providing high quality products and services, keeping our existing user base engaged with our Services, expanding our user base and attracting new users, creating new and distinctive services for an identified market niche.

 

To the extent this involves storing information on your device such as cookies or other similar web technologies, your consent.

 

Create insights and market intelligence (on an aggregated and non-personally identifiable basis) through analysing the use our Services and our user base

 

Our legitimate interests in growing our business, informing marketing strategies and defining types of customers for new products and services.

Personalize the Services and provide content and features that match your interests

 

Our legitimate interests in developing the Services, keeping content and features relevant, keeping users engaged with the Services, and growing our business.

 

Your consent.

 

To provide advertisements and promotions and monitor their effectiveness

Our legitimate interests in growing our business, informing marketing strategies and defining types of customers for new products and services.

 

Your consent.

 

1. Automated Interactions and Web Technologies

 

On our Website, we collect information using “cookies.” Cookies are small data files stored on the hard drive of your device. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device until you delete them) to provide you with a more personal and interactive experience on our Services. We only use first-party cookies, served directly by us to your device, which we use to recognize your device when it revisits our Services.

 

You can find more information about cookies and how to manage them at www.allaboutcookies.org.

 

Our Services use the following types of cookies for the purposes set out below:

 

Type of Cookie

Purpose

Essential Cookies

These cookies are essential to provide you with services available through our Services and to enable you to use some of their features. Without these cookies, the services that you request via our Services may not be possible to provide. We only use these cookies to provide you with those services.

Functionality Cookies

These cookies allow our Services to remember choices you make when you use our Services. The purpose of these cookies is to provide you with a more personalized experience and to avoid you from having to re-select your preferences every time you use our Services.

Analytics and Performance Cookies

These cookies are used to collect information about traffic to our Services and how users use our Services. The information gathered may include the number of visitors to our Services, the websites that referred them to our Services, the pages they visited on our Services, what time of day they visited our Services, whether they have visited our Services before, the region/territory in which you download our App, and other similar information. We use this information to help operate our Services more efficiently, to gather demographic information and to monitor the level of activity on our Services.

 

You can typically remove or reject cookies via your browser settings. To do this, follow the instructions provided in your browser (usually located within the “settings,” “help,” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings.

 

If you do not accept our cookies, you may experience some inconvenience in your use of our Services. For example, we may not be able to recognize your device and you may need to log in every time you visit our Services.

 

While we do not use cookies on the App, we do use App Installation IDs to recognize you. We use the App Installation ID and mobile analytics software to allow us to better understand the functionality of the App on your device. The software may record information such as how often you use the App, the activity that occurs within the App, aggregated usage, performance data, and where the App was downloaded from.

 

BLEACHR also uses web beacons (also called single-pixel gifs), which are customized links or similar technologies, when sending you messages, newsletters, or promotional emails. Web beacons allow BLEACHR to (a) determine whether you have opened, or acted upon, a promotional email and which links you have clicked on in order to deliver to you more focused communications and other content, (b) allow BLEACHR to count the number of users who have visited certain web pages and (c) enable BLEACHR to compile aggregated statistics and determine the efficacy of promotions.

 

1. Sharing Information

 

BLEACHR shares your personal information only when it is necessary to offer the Services, legally required, or permitted by you. We share personal information with third parties as follows:

 

• User Content: Bleachr may share your User Content with third parties including, without limitation, sports teams, tournament partners and advertising sponsors.  The User Content that you post using the Services may be copied, reposted, distributed and displayed, including for marketing purposes, by BLEACHR and the aforementioned third parties.

 

• Service providers: We share personal information with third party service providers to help us bring you the Services. For example, we use Amazon Web Services as a hosting provider, Heroku as a platform provider. We also use Branch.io for our text-a-ticket feature. These parties act as our data processors. They have access to personal information for a limited purpose and limited period of time and we implement contractual protections limiting the use of that personal information to the provision of services to BLEACHR.  

 

• With linked services, such as social networking sites: If you link your account with a third-party service, we share the information you authorize with that third-party service. If you log in to the Services using Facebook, Facebook directly collects information about your use of the Services. We also offer social sharing features that let you share content or actions you take on our Services with other media. Your use of these features enables the sharing of certain information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature.

 

• Other users of our Services or users of other platforms: When you submit content (such as a post or comment) to the Services or decide to share a post to other another platform, any visitors to and users of our Services or those platforms will be able to see that content. When other users view your profile or your posts to our fan stream, they will also be able to see information about you, your activities on the Services, and share this information on other media. Accordingly, you should always use your best judgement when providing and sharing information on the Services or any other platform.

 

• Teams: We use the term “Teams” to refer to organizations with which we have partnered to provide a particular section or channel of the App which contains that organization’s content and events. Teams may be granted access to certain information about your use of the App where you choose to subscribe to such Team’s channel or events. This information may include App usage, transaction history and marketing preference data as described in Section 3. Where you unsubscribe or opt-out of your affiliation with a Team on the Services, we will stop any further sharing of such personal information with that Team. Beyond the items of personal information set out above, we are not responsible for Teams’ data collection and use policies and practices. Teams are responsible for their collection and use of your personal information. We encourage you to review Teams’ individual privacy policies for more information regarding their use of and access to your personal information before you choose take part in any transaction, event or service provided by them through the Services.

 

• In connection with business transfers: If we sell, transfer or merge parts of our business or our assets, we share information with the purchaser of that business/those assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, your personal information would remain subject to this Privacy Policy.

 

• In connection with compliance with laws and the protection of our rights and the rights of others: We will be required to access and disclose personal information in response to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. Additionally, we will access and share account or other personal information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Services, or to prevent imminent harm. This will include accessing and sharing personal information with other companies, professional advisors (such as lawyers, auditors and insurers), agents or government agencies, or law enforcement authorities.

 

We share information about you that has been aggregated or anonymized, including activity data (see above), such that it cannot reasonably be used to identify you in any way for any lawful business purpose.

 

1. How Long We Retain Information

 

We only retain your personal information for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying legal, accounting, or reporting requirements.

 

Additional information for European users

 

Where you have a Services account, we retain your personal information while you have an account. Where you choose to terminate your account, we delete or anonymize your personal information within 60 days. We delete or anonymize marketing data when you unsubscribe or after 3 years where you have not engaged with our marketing communications for this period.

 

In some circumstances we may anonymize your personal information (so that it can no longer be associated with you), in which case we may use this information indefinitely without further notice to you.

 

1. Securing Information

 

We have implemented technical and organizational measures we consider appropriate to protect the confidentiality, integrity and availability of your personal information. However, we cannot guarantee that our safeguards will never be defeated, and information disclosed in a manner inconsistent with this Privacy Policy (for example, because of unauthorized acts by third parties that violate applicable law).

 

1. International Transfers

 

We are based in the United States and so information is transferred to and accessed by our personnel in the United States. By using the Services, you consent to the processing, transfer and storage of your information in and to the United States and other countries, where you may not have the same rights as you do under your local law. We will process your personal information in accordance with applicable law and with this Privacy Policy regardless of where your personal information is stored or accessed.

 

By providing your personal information through the Services you acknowledge that your personal information is transferred to and accessed by our personnel in the United States.

 

Additional information for European users 

 

Where our service providers or other third parties (identified above) based outside the European Economic Area receive personal information, we ensure the transfer is either (a) to a country deemed to provide an adequate level of protection by the European Commission, or (b) pursuant to specific contracts approved by the European Commission. Please contact us if you want further information on the specific mechanism used by us when transferring your personal information out of the EEA or Switzerland.

 

1. Accessing and Correcting Your Personal Information; Your Rights

 

We will comply with any rights provided to you under applicable law. In addition, you can review and change your personal information by logging into the App, accessing the Site and visiting your applicable account profile page.

 

You may also send us an email at questions@bleachr.co to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

 

Additional information for European users

 

If you are a European user, you have the following rights in relation to the personal information we hold about you, unless provided otherwise by relevant local legislation:

 

• Request access to your personal information.

• Request correction of your personal information.

• Request erasure of your personal information.

• Object to processing of your personal information.

• Request restriction of processing your personal information.

• Request transfer of your personal information.

• Right to withdraw consent (where we rely on your consent as our basis for processing).

 

Please note that some of these rights are not absolute and we may refuse a request to exercise particular rights, but we will keep you informed as to the actions that we can take when you make your request. We try to respond to all legitimate requests within one month, although we will notify you if it will take longer.

 

You have the right to make a complaint at any time to your supervisory authority for data protection issues. A list of supervisory authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. If you need further assistance regarding your rights, please contact us using the contact details above (Contact Us).

 

1. Marketing

 

In relation to marketing communications, we will provide you with an “opt in” or “opt out” mechanism depending on where you are located when we collect your personal information. An “opt in” mechanism will provide you the opportunity to positively indicate that you would like to receive our marketing communications and we will not send you any unless you have “opted in”. An “opt out” mechanism (e.g., “unsubscribe”) will provide you the opportunity to indicate that you do not want us to send you such communications, and if you “opt out” we will not send you any.

 

You may opt out of marketing-related emails by clicking on a link at the bottom of each such email, or by contacting us using the contact details above (Contact Us). You may continue to receive Service-related and other non-marketing emails.

 

We will get your express opt-in consent before we share your personal information with any third party for marketing purposes.

 

1. Children

 

Our Services are not intended for or directed to children under the age of 18 and so BLEACHR does not knowingly collect personal information from anyone under the age of 18. If you are a parent or guardian and become aware that your child has provided us with personal information without your consent, please contact us using the contact details above (Contact Us).

 

Additional information for European users

 

If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent’s consent before we collect and use that information.

 

1. Third Party Links

 

The Services may contain links to other websites. We are not responsible for the privacy practices of other websites. We encourage users to read the privacy statements of other websites that collect personal information. This Privacy Policy applies only to information collected by BLEACHR via the Services.

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