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PrimeSport Privacy Policy

Notice:The terms of PrimeSport’s Privacy Policy were recently revised. This new Privacy Policy has an effective date of November 22, 2016. Should you wish to review PrimeSport’s previous Privacy Policy, please contact us at privacypolicy@primesport.com

Preamble

Welcome to www.primesport.com (the “website” or “Website”). This online privacy policy (the “Privacy Policy”) constitutes an agreement between you (“you”, “your” or “User”) and PrimeSport, Inc. (“PrimeSport”, “we”, “us” or “our”). We want you to know that protecting your personal information is very important to us, and we respect your privacy. This Privacy Policy is meant to explain how we use and protect the personal information you share with us. This Privacy Policy applies to all users of the website or our services, and to any information provided to us. As such, PrimeSport does not knowingly contact or collect personally identifiable information from children under 13 years of age. PLEASE READ THIS PRIVACY POLICY AND THE RELATED TERMS AND CONDITIONS RELATING TO YOUR USE OF THE WEBSITE VERY CAREFULLY BEFORE USING THIS WEBSITE. By using our website, you signify that you have read, are accepting and unconditionally agreed to this Privacy Policy and the practices we describe herein. If you do not agree to this Privacy Policy, please do not use this Website. This Policy covers only this website. Other sites and other online locations may have their own privacy policies, and you should consult those accordingly.

Collection and Use of Personally Identifiable Information

For purposes of this Privacy Policy, personally identifiable information is personal information about an individual such as full name, mailing address, phone number(s) and email address, or other individually identifiable information within the meaning of the Children’s Online Privacy Protection Act (“COPPA”) and the Federal Trade Commission’s Online Privacy Protection Rule found at 16 CFR 312.2 (collectively, “Personally Identifiable Information“). PrimeSport only collects Personally Identifiable Information on a voluntary basis. Personally Identifiable Information collected may include your name, photographs, home address, phone number, date of birth, e-mail address, and/or billing information. We do not require this information to gain access to the Website; however, you may not be able to utilize certain features that require registration or receive materials such as newsletters unless such information is provided. We may actively and passively gather, analyze and/or store Personally Identifiable Information and other information generally, without limitation, by way of three different sources: (1) the Personally Identifiable Information voluntarily submitted by Users to us or when using or registering to use the Website; (2) the Personally Identifiable Information visitors voluntarily provide when contacting us, buying or ordering a product or service, or sharing information, through the Website; and (3) by tracking and analyzing online and mobile data and activity through mechanisms that identify site usage, browser types, IP addresses, and other data. You may also be asked to submit Personally Identifiable Information in certain fields, which will be used for the purpose for which it is requested, including, without limitation, information submitted by potential customers, vendors, local business owners, sponsors or persons seeking information about our services, and existing customers with questions, concerns, complaints, or technical support questions. Your Personally Identifiable Information is collected and securely stored on our servers in the United States, and is used by PrimeSport to contact you to respond to such inquiries, personalize your online experience, to communicate with you, to allow other users to contact you, fulfill your purchases, for internal marketing and demographic purposes, and/or alert you to new events or services. We may enhance or merge the Personally Identifiable Information collected through our Website with non-personally identifiable information or data from third parties. Such information is usually deleted as space requires or in the normal course of business, but can be amended or deleted upon request. If you have questions about how to update your information, please contact PrimeSport.

By submitting Personally Identifiable Information to PrimeSport and using this website, you understand and consent to the collection, sharing, storage, processing and use of your Personally Identifiable Information by PrimeSport, its affiliated companies and its agents and contractors, as described herein. In addition, if you are located outside the United States, you specifically consent to the transfer of your Personally Identifiable Information to the United States. Unless you opt out (as described below), we may use the Personally Identifiable Information to send you emails or other information about PrimeSport and its services as well as promotional material on behalf of some of our affiliates and partners. If at any time you prefer to no longer receive such marketing communications from us, please follow the instructions at the bottom of a PrimeSport or any PrimeSport affiliate email to unsubscribe to these materials, or contact PrimeSport directly at privacypolicy@primesport.com to opt out. Because user lists often are prepared well in advance, you may continue to receive some correspondence after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

Collection and Use of Non-Personally Identifiable Information

PrimeSport collects non-personally identifiable information automatically sent by your browser when you visit this site (such as Internet Protocol Address, referring URLs, various geographic location information, etc.), and stores it in PrimeSport log files. For some activities, we may ask you to create a username and password and/or to provide other, non-personal information such as your age, gender, location coordinates or education level, and we may combine such information with your personally identifiable information. In addition, this website may use different types of technology to collect non-personally identifiable information, including cookies and beacons (also called “clear GIFs” or “pixel tags”). All of this non-personally identifiable information helps us to better understand how the website is used, offer new or improve existing services, resolve technical problems, measure the effectiveness of our advertising to you and otherwise enhance your experience at this website. The use of information gathering technologies (including cookies and beacons) are required for certain site functionalities to work properly, and the information collected is associated with your account and your Personally Identifiable Information. If you do not wish for us to employ information gathering technologies, you should discontinue usage of this website. In addition, we may use non-personally identifiable information to provide offers or advertisements that may be of interest to you. If you do not wish to receive offers or advertisements based on your non-personally-identifiable information, please follow the instructions at the bottom of PrimeSport emails for opting out. Because your non-personally identifiable information does not identify you, we reserve the right to share such information with our affiliates, partners and other third parties for any purpose whatsoever in our sole discretion, including, without limitation, in connection with targeted and/or behavioral advertising and/or location-based applications.

Browser Cookies. Like many websites, we may use browser “cookies”. Cookies are a website’s way of remembering who you are. A cookie is a small text file that is stored on your computer’s hard drive or stored temporarily in your computer’s memory. There are two kinds of cookies: those that are “session” oriented and those that are “persistent”. Session cookies delete from your computer when you close your browser. Persistent cookies retain information for later use tomorrow, next week, next month, or whenever they are set to expire. We may use cookies to help us to identify account holders and to optimize their experience on our Website. Most web browsers accept cookies automatically. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule. If you decline to accept cookies, you may not be able to take advantage of or participate in certain features of this Website.

Flash Cookies. Our Website may enable the use of the Adobe Flash Player. Adobe’s Flash Player is used by the vast majority of websites that offer video and other interactive content. By default, your use of the Adobe Flash Player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). Adobe provides a short disclosure about Flash Cookies in its End User License Agreement, stating “Use of the web players, specifically the Flash Player, will enable the Software to store certain user settings as a local shared object on our computer. These settings are not associated with you, but allow you to configure certain settings within the Flash Player.” The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash. If you do not allow flash cookies to take any disc space on your computer, you may not be able to take advantage of or participate in certain features on the Website. Although the Adobe Flash Player is used by the vast majority of websites that offer video content and/or games, it is not the only technology being used in the ever-shifting online and mobile content environment. HTML5 is an increasingly popular web standard used for presenting content, especially content delivered to mobile devices.

Web Beacons. The Website or our e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a “clear gif”, that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to our website or to monitor how our users navigate our Website, and we may include web beacons in e-mail messages in order to count how many of the messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about our Website and our marketing campaigns.

IP Addresses. An IP address is a number that is assigned to your computer or network when you are linked to the Internet. When you request pages from this Website, our servers may log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our partners or to audit the use of the Website. We may associate your IP address with the personally identifiable information you provide. We also may collect and store information about you that we receive from other sources.

Information Sharing and Confidentiality

PrimeSport may share your Personally Identifiable Information with PrimeSport employees, agents and contractors (including outside vendors such as payment processors) who help us manage or provide PrimeSport services or help us with the administration of the website. These outside contractors and agents may store some information on their servers, but they are authorized to use your Personally Identifiable Information only to provide PrimeSport with a specific service and not for any other purpose. PrimeSport also may share your Personally Identifiable Information with its parent, subsidiary, member and other affiliated companies and with third parties in connection with the operation of our and/or their business. Examples include: (a) payment processing and authorization, (b) fraud protection and credit risk reduction, (c) product and service customization, (d) order fulfillment, (e) shipping, (f) marketing and promotional material distribution for various events, (g) website evaluation, (h) data collection, storage, management, and analysis, (i) internet-based, targeted and/or online behavioral advertising, (j) PrimeSport’s and its affiliates’ partners and clients (e.g., events, sporting events, vendors, etc.), and/or (k) any other services designed to assist us and/or our affiliates in maximizing our and/or their business potential and profits, including, but not limited to potential or actual advertisers, providers of advertising products or services (including vendors and website tracking services), merchants, and other actual or potential commercial partners, sponsors, licensees, researchers and other similar parties. These third parties may have access to this Website’s user information, including Personally Identifiable Information, to the extent such third parties deem it relevant to the performance of their duties and functions. To opt-out of receiving marketing materials or messages from third parties with whom we have shared your Personally Identifiable Information hereunder, please utilize the opt-out mechanisms set forth in such third parties’ marketing materials and/or privacy policy. In addition, service providers and other third parties such as advertisers may also use information gathering technologies on this site (including cookies and beacons) in connection with their services to collect anonymous information. Shared and/or collected information, as described above, is controlled by the relevant affiliated company or third party and is not controlled by PrimeSport; specifically, (i) such information is governed by the privacy policy and terms of use of the relevant other party and (ii) PrimeSport will in no way be responsible or liable to you for any data breach by such other party that compromises or otherwise affects your Personally Identifiable Information. Therefore, if you later decide that you do not want that third party to use your information, you will need to contact the third party directly. PrimeSport uses commercially reasonable administrative, technical, personnel and physical measures to safeguard Personally Identifiable Information and non-personally identifiable information in its possession against loss, theft and unauthorized access, use, disclosure or modification. There may be instances when PrimeSport may access or disclose your Personally Identifiable Information without providing you a choice in order to: (i) protect or defend the legal rights or property of PrimeSport, our affiliated companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect against fraud or for risk management purposes; or (iii) comply with the law or legal requirements.

Who is Collecting Your Information

When you are asked for information while on the Website, you are sharing that information with PrimeSport and its affiliates, unless specifically stated otherwise. As a result of this sharing, you may receive communications from PrimeSport or its affiliates. In addition, some services are provided in conjunction with partner companies. If your personally identifiable information is being collected by a company other than PrimeSport or its affiliates, you will be notified at the time the information is collected. If you do not want your information shared, you can choose not to allow the transfer of information by not using that particular service or by not providing any information at that time.

Please be aware that we cannot control the activities of third parties to whom we provide data, and as such we cannot guarantee that they adhere to the same privacy and security procedures as we do.

Please be aware that advertisers or websites with links to our Website may collect personally identifiable information about you. This Privacy Policy does not apply to, and cannot control the activities of, other sites other than the Website, including, without limitation, those other advertisers or websites. In addition, we are not responsible for the privacy of any information that you reveal or post in any public forum on or made available from the Website or which you reveal to any user of the Website (e.g., on community message boards, in blogs, on public profile pages, etc.) even if such information is marked as private.

Changes to this Privacy Policy

We may amend this privacy policy from time to time as we add new products, events and/or and services, as we improve our current offerings, and as technologies change. If we make any material changes in our treatment of information collected at this website, we will notify you by posting a prominent notice of these changes on this website and in this Privacy Policy.

Changes in Corporate Structure

In addition, we reserve the right to disclose, share and/or otherwise transfer user information, including, without limitation, personally identifiable information, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of our assets, or other fundamental corporate change, whatever form it may take. You will be notified via e-mail or prominent notice on our website prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. For clarification and the removal of doubt, we specifically reserve the right to transfer or share a copy of personally identifiable information collected pursuant to this Privacy Policy from this website, off-line or otherwise, to the buyer of that portion of its business relating to that information.

As with any business, your personally identifiable information is also an asset of PrimeSport and will become part of our normal business records. As such, we may also disclose your personally identifiable information to a third party if we decide to sell a line of business to that third party, so you can continue to receive service and information in connection with that line of business with as little disruption as possible. Similarly, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, your personally identifiable information may be transferred to our successor or assign.

Compliance with COPPA

We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly. This Website supports and complies with COPPA and other applicable laws. We are committed to the privacy of children, and our Website and online tools and products are not designed for or directed to children under 13 years of age. If you are under the age of 13, please do not use this Website, and if you are over the age of 13 but under the age of 18, you should use this Website only with the involvement and permission of a parent or legal guardian. No personally identifiable information is purposefully or knowingly collected from children under the age of 13 by us without parental consent. If we discover that a person under the age of 13 has provided us with any personally identifiable information, we will use commercially reasonable efforts to delete such person’s personally identifiable information from our system. Every user hereby agrees that all information you provide, including but not limited to age, shall be truthful and correct.

Compliance with United States Laws and Regulations

This website is meant for individuals within the United States. PrimeSport complies with the privacy laws and regulations of the United States of America. PrimeSport makes no representation that this website is governed by or operated in accordance with the laws of other nations, or that the website or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. By using this website, visitors from outside of the United States of America acknowledge this website is subject to the laws and regulations of the United States of America, and waive any claims that may arise under their own national laws.

Governing Law, Disputes, Including Mandatory Arbitration and Class Action Waiver

Any dispute or claim relating in any way to the products or services sold or distributed by us or through us, and any dispute or claim relating to the use of the PrimeSport Website or this Privacy Policy will be resolved by binding arbitration rather than in court, with the following exceptions:
  • You may assert claims in small claims court if your claims apply;
  • In the event that the arbitration agreement in this Policy is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Fulton County, Georgia, and we both consent to the jurisdiction of those courts for such purposes.
  • This arbitration agreement is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.

    This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms of Use. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow this Policy as a court would.

    To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Attn: Legal, PrimeSport, 3575 Piedmont Rd, Bldg 15, Suite 1550, Atlanta, GA 30305. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800)-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in Fulton County, Georgia. In the event that the location of the Arbitration (Fulton County, GA) is for any reason held to be unenforceable, the Arbitration shall take place in person in the county where you live or at another mutually agreed location.

    We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. . BY MAKING A PURCHASE FROM PRIMESPORT AND/OR USING THE WEBSITE, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

    If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute. If any provision of this Privacy Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Privacy Policy and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement

This Privacy Policy (together with our Terms and Conditions) represent the entire understanding and agreement between you and PrimeSport relating to the subject matter herein and supersede any and all prior or other arrangements, negotiations, discussions, statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by PrimeSport.

Privacy Policy Preferences

You have the right to request the restriction of certain uses and disclosures of personally identifiable information as follows. You can contact us in order to (1) update or correct your personally identifiable information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personally identifiable information maintained about you on our systems (subject to the following paragraph). Such updates, corrections, changes and deletions will not have an effect on other information that we maintain, or information that we have provided to third-parties in accordance with this Privacy Policy prior to such update, correction, change or deletion.

You should be aware that it is not technologically possible to remove every record of the information you provided from our system. The need to back-up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. However, after receiving your request, all personally identifiable information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably practicable.

To contact us in order to update, correct, opt-out of communication, or have your data erased please contact us at privacypolicy@primesport.com

If you have any questions or comments about this Privacy Policy or feel that we are not abiding by the terms of this Privacy Policy, please contact our Privacy Agent in any of the following ways:

By postal mail or courier:

Attn: Privacy Agent, PrimeSport, Inc., 3575 Piedmont Rd., Bldg 15 - Suite 1550, Atlanta, Georgia,30305