FieldLevel, Inc. Privacy Policy

Last Updated: July 6, 2020

FieldLevel, Inc.("FieldLevel," "we," "us," or "our") is committed to protecting your privacy. In this Privacy Policy ("Privacy Policy"), we describe how we collect, use, and disclose information that we obtain about visitors to our website www.fieldlevel.com (the "Site"), and about users of our services available through our mobile Application (the "App") and our Site (collectively, the "Services").

By visiting the Site, using or downloading the App, or using any of our Services, you agree to the terms of this Privacy Policy as they may be amended from time to time. Your use of our Site or Services, and any dispute over privacy, is subject to this Privacy Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. The FieldLevel Terms of Use are incorporated by reference into this Privacy Policy.

Because the Services may change and this Privacy Policy may change accordingly, please check back occasionally for updates.

1. THE INFORMATION WE COLLECT ABOUT YOU

The information FieldLevel collects from you depends on how you use our Services. We collect information about you in a number of ways, including when you browse the Services, create an account, create or share content, and message or communicate with others:

• When You Use the Services

  • To create an account as an athlete, we need to collect information about you, which may include your name, video/links, profile picture, age/date of birth, gender, hometown (i.e., city, state/province, postal code, and country), email address, phone number, mailing address, affiliated sport, height & weight, high school graduation year, academic information (i.e., GPA, SAT or ACT scores, and Planned Major), honors & achievements, athletic information (i.e., team, position, and handedness/foot, depending on sport), and the name(s) of your parent(s) or guardian(s). You or your coach may also choose to provide additional information for a commitment story to be published on the Services. We may also collect payment information if you subscribe to our paid Services or pay someone else's subscription.

  • To create an account as a coach or recruiter, we need to collect information from you, which may include your name, profile picture, hometown (i.e., city, state/province, postal code, and country), email address, phone number, coaching background information (i.e., competition level, sport, school/team name, title, start year, and coaching/employment history).

• When you Message or Communicate with Others through the Services.

  • When you initiate and respond to messages with other users through the messaging function.

  • When you talk to us through the chat function.

• From Other Sources. We may receive information from other sources, such as:

  • If you are an athlete, we may receive information from your coach, parent or guardian. If your coach invites you to create an account, we receive your name and email address from your coach to send you an invitation. Your parent, guardian or coach can add information to your profile.

  • If you are a parent or guardian, we receive information from your child through their account. If your child creates an account, we receive your name and email address to verify your child's information and list your contact information on your child's account.

  • Please note, if you disclose any personal information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and permit us to use this information in accordance with this Privacy Policy.

  • To the extent permitted by applicable law, we may combine this information.

• Technical Data. We use cookies, web beacons, local storage objects, pixels and other technologies that operate in the App and on the Site. These technologies may collect your computer's Internet Protocol (IP) address, domain name, internet browser and operating system, the time, date, and length of time you visit our Site or use our Services, mobile device ID, the web pages you view on our Site or App, including the time spent on each page and clicks on each page, referring URL or the webpage that led you to our Site, and other interactions with our Services. You can adjust the permissions within your browser or device operating system. However, if you set your browser to disable certain technologies, such as cookies, some features of the Site may not function properly. Please see the section "Our Use of Cookies and Other Tracking Mechanisms" below for more information.

2. HOW WE USE YOUR INFORMATION

We use your information, including your personal information, for the following purposes:

• Providing Support and Services. Including to provide our Services; to communicate with you about your access to and use of our Services; to respond to your inquiries; to provide troubleshooting, process your payments and provide technical support; and for other user service and support purposes;

• Analyzing and Improving Services and Operations. Including to better understand how users access and use our Services, to evaluate and improve our Services and business operations, and to develop new Services; to conduct surveys and other evaluations (such as user satisfaction surveys); and for other research and analytical purposes;

• Personalizing Content and Experiences. Including to tailor content we send or display on our Site and App, and in our Services; to offer location customization and personalized help and instructions; and to otherwise personalize your experiences;

• Advertising, Marketing and Promotional Purposes. Including to reach you with more relevant ads and to evaluate, measure and improve the effectiveness of our ad campaigns; to send you newsletters, offers or other information we think may interest you; to contact you about our Services or information we think may interest you; and to administer promotions;

• Securing and Protecting Our Business. Including to protect and secure our business operations, assets, Services, network and information and technology resources; to investigate, prevent, detect and take action regarding fraud, unauthorized access, situations involving potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct;

• Defending our Legal Rights. Including to manage and respond to actual and potential legal disputes and claims and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with third parties;

• Auditing, Reporting, Corporate Governance, and Internal Operations. Including relating to financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping and legal functions; and related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy or restructuring of all or part of our business; and

• Complying with Legal Obligations. Including to comply with the law, our legal obligations and legal process, such warrants, subpoenas, court orders, and regulatory or law enforcement requests.

3. PUBLICLY-AVAILABLE INFORMATION AND CONTROLLING YOUR ACCOUNT VISIBILITY SETTINGS

FieldLevel provides all users with detailed privacy settings so you can control whether information within your profile is public or private. Information including your name, positions, recruiting class, and teams will be defaulted public. Users have the option to set the rest of your profile, or individual profile elements, to "Public" or "Private" within your Account Visibility Settings. Public profiles are available to other users of FieldLevel's Services and searchable on search engines (e.g., Google). Users who enrolled prior to July 6, 2020 have the option to set their profile to Public (it is not defaulted to public), while Users who have enrolled on or after July 6, 2020 are given a default setting of Public and can set their profile to private if they so choose. Please check your Account Visibility Settings and adjust them to suit your preference, as needed.

4. HOW WE SHARE YOUR INFORMATION

We may share your information, including personal information, as follows:

• With our service providers, to facilitate the services they provide to us. These may include providers of services such a customer service support, payment processing, email delivery, information technology and related infrastructure provision, website hosting, and other services.

We also disclose information in the following circumstances:

• Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and third party advisors, including attorneys and consultants.

• In Response to Legal Process. We disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

• To Protect Us and Others. We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.

• Aggregate and De-Identified Information. We may share aggregate, anonymized, or de-identified information about users with other entities for marketing, advertising, research or similar purposes.

5. OUR USE OF COOKIES AND OTHER TRACKING MECHANISMS

We and our third party service providers use cookies, web beacons, local storage objects, pixels, session replay/screen capture, and other similar technologies to collect Technical Data as described in Section 1 above. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site and Services who disable cookies will be able to browse certain areas of the Site, but some features may not function.

Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site, and to the extent permitted, our App. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google's privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Do-Not-Track. Currently, our systems do not recognize browser "do-not-track" requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third Party Ad Network section below.

Third-Party Ad Networks. Advertisers may also use technologies like cookies and web beacons to enable them to recognize your computer each time they send you an advertisement even when you are visiting another site. As a result, the advertiser would have the ability to deliver targeted advertisements that they believe would be of most interest to you. We do not have access to or control of the cookies that may be placed on your computer by third-party advertisers.

Users may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.

6. SECURITY OF YOUR INFORMATION

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

7. ACCESS TO MY PERSONAL INFORMATION

You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable, to both users of our Services and the general public, in cached and archived pages of the Site or Application for a period of time.

8. YOUR CHOICES

We may send periodic promotional emails to you. You may opt-out of promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you emails about your account, the Services, or any other services you have requested or received from us.

9. CHILDREN UNDER 13

Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

10. THIRD PARTY LINKS

Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Privacy Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

11. YOUR CALIFORNIA PRIVACY RIGHTS

This section of our Privacy Policy provides additional information solely for California residents who visit the Site or use our Services, as required under California law, including the California Consumer Privacy Act of 2018 ("CCPA").

California Privacy Rights

If you reside in California, you have the right to: (i) request the deletion of your personal information that we collected; (ii) opt-out of the sale of your personal information, to the extent a business actually sells your personal information; (iii) request that we disclose information about our collection and use of your personal information over the past 12 months including the specific pieces and categories of personal information we collected, what personal information we collect, use, disclose, or sell about you, the categories of sources of the personal information we collected about you, our business purpose for collecting the personal information, and for each category of personal information, the categories of third parties to whom the personal information was disclosed; and (iv) be free from discriminatory adverse treatment for exercising these rights.

Please note that these rights are subject to certain exceptions under applicable law. In order to protect your privacy and verify your request, we may require additional information from you.

Instructions: You or your authorized agent can submit your request by sending us a message or initiating a chat with us through your account, by emailing us at the information below, or by calling us at 888-908-7124 (toll free). Account holders who log in may also submit verified requests through their account profile. In general, we will verify your request and your identity when you log-in to your account or provide your name, email address, or other profile information so that we may match it to information that we maintain about you. We may need to collect information from the requesting party to verify their identity or their status as an authorized agent, as the case may be, and may use a two-step process to confirm requests to delete. We will confirm receipt of your request within 10 days and will respond in full within 45 days (subject to an additional 45-day extension in certain circumstances). We are only obligated to respond to a request to know twice within a 12-month period. If you have questions or concerns about our privacy practices, or how to submit requests you may Contact Us through the methods listed in the "Contact Us" section.

Information We Collect and Disclose

We have collected and use the categories of personal information from California residents within the last twelve (12) months as set forth in Section 1 for our business or commercial purposes described in Section 2. Section 3 describes the categories of third parties with whom we share your personal information. We do not disclose or sell personal information to third-parties for their "business purposes" or "commercial purposes" as such terms are defined in the CCPA, nor do we offer financial incentives associated with our collection, use, or disclosure of your personal information. Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions with you.

Shine the Light. California residents may request certain information regarding our disclosure of personally identifiable information about you to third parties' for their own direct marketing purposes. However, we do not currently disclose PII to third parties for their direct marketing purposes.

California Minors' Rights. California residents under the age of 18 may submit a request to remove any content or information the resident has posted to the Services. The removal request only ensures any content or information posted by a California resident under 18 will not be publicly accessible. Such requests do not ensure complete or comprehensive destruction of the content or information from the Services or from FieldLevel's servers. To submit a removal request, contact us at the information provided below.

12. CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is current as of the effective date set forth above. We reserve the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of this Site by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to this Site. Under certain circumstances, we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as posting a notice on the front page of this Site or sending you an email.

13. CONTACT US

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us via at support@fieldlevel.com, by phone at (888) 908-7124, or by mail at 1700 Aviara Parkway #130994, Carlsbad, CA 92013.