PRIVACY POLICY
COPYRIGHT 2020 HEADSHARP
HeadSharp Privacy Policy in Connection with the Children’s Online Privacy Protection Act
(Last Modified June 22, 2018)
INTRODUCTION
HeadSharp ("HeadSharp," "we" or "us") provides an online and mobile service, the HeadSharp website, www.headsharp.com (the "Site"), computer mobile applications ("App" or "Apps") and programs hosted by or on behalf of HeadSharp and related services (together with the Site and the Apps, the "Service"). The terms "you" and "user" means all individuals and entities that access the Service.
This Privacy Policy describes how we use Personal Information (defined below) that we collect from you as part of you using our service. This Privacy Policy also describes the choices available to you regarding our use of your Personal and how you can access and update this information, and what information you provide that we will retain even if you decide to delete the App or stop using the Service. For EU users, please see our special provisions under the “Special Information for EU Users” section below. Our Privacy Policy is not a contract, and it does not create any legal rights or obligations.
You should also read our Terms of Service, available at www.headsharp.com/terms which contains important information about the scope and nature of the Service, and the rules that apply to your use of our Service. All capitalized terms used in this Privacy Policy that are not defined in this Privacy Policy have the meaning given to them in the Terms of Service for HeadSharp.
Your use of the Service indicates that you consent to our collection, storage, use and disclosure of your personal information and other information as described in this Privacy Policy and the HeadSharp terms of service at www.headsharp.com/terms If you do not consent to the use of your Personal Information as described in this Privacy Policy or do not agree to the Terms of Service, do not use the Service.
This Privacy Policy is provided in compliance with the Children’s Online Privacy Protection Act (“COPPA”); to inform parents of the information we collect from users of the App, to describe how we use and disclose that information, and how we obtain their required consent to collect information from children under 13 years of age.
WHAT INFORMATION WE COLLECT ABOUT CHILDREN
As described above, we collect personal information from children to help them achieve their sports related peak performance goals.
How Information is collected. We may collect information about children directly from children or parents, as well as automatically through a child’s use of our Services. We will not require a child to disclose more information than is reasonably necessary to use our services. We do provide parents with a copy of a notice of our privacy practices.
Information We Collect Directly. We collect a child’s age and name from her or his parents during the registration process.
Information We Collect Automatically. We collect information about a child’s activities on their mobile device and the geolocation information from their mobile device, while the Services are active. We may also automatically collect the following information through cookies and other technologies: domain name; your browser type, and operating system type, name and model; pages or screens you view; links you click; your IP address; the length of time you visit Use our Services; and the referring URL, or the webpage that led you to our Site; device name and model; version; the timestamp and length of time that you use the Services; and the geolocation of your mobile device.
Other Information We Collect About Children. We collect information about children’s activities on our Site and in our Apps, we do not share this information with third parties, other than our service providers. Before we analyze or use any activity data for our own commercial purposes, we de-identify and/or aggregate such information.
HOW WE USE CHILDREN’S INFORMATION
We use that personal information collected from children for the following purposes:
To provide our Services;
To respond to customer service and technical support issues and requests; and
To better understand how users access and use our Service, both on an aggregated and individualized basis; to respond to user desires and preferences; to improve our Services and to develop additional products and services; and for other research and analytical purposes.
Unique Identifiers. We collect and use unique identifiers, such as IP addresses, as necessary to operate our Site, Apps, or Services, including to maintain or analyze their functioning; perform network communications; authenticate users or personalize content; and protect the security or integrity of users and our Site, Apps, and Services.
Aggregate or De-identified Information. We may use aggregate or de-identified information about children for research, analysis, marketing, and similar purposes. When we do so, we strip out names, contact information, and other personal identifiers. We may use aggregate or de-identified information for the following purposes:
How We Disclose Children’s Information
We do not sell children’s personal information, and a child may not make his or her personal information public through our Services. In general, we may disclose the personal information that we collect about children to provide our Services, to comply with the law, and to protect HeadSharp and other users of our Services. For example, we may share children’s personal information as follows:
Parents. We may disclose a child’s information to his/her parents.
Affiliates. We may disclose information we collect about a child to our affiliates or subsidiaries for research, marketing or other purposes consistent with this Policy.
· Service Providers. We may disclose information we collect about a child to vendors, service providers, contractors, agents or other entities who perform functions on our behalf. Examples of the service partners or third-parties we may provide your information to includes but is not limited to our vendors, marketing partners, research firms, and consultants. Additional examples may include:
1. Payment processors and facilitators.
2. Cloud storage providers.
3. Data analytics providers.
4. Sports Advisors and/or Counselors.
5. Research partners.
6. Consultants, accountants, lawyers, and other professional service providers.
In these specific instances, we may share information about or from you in order for them to provide their services.
Business Transfers. We may transfer information we collect about a child to another entity if we are acquired by or merged with another company, if substantially all of our assets are transferred to another company or as part of a bankruptcy proceeding.
In Response to Legal Process. We may disclose information we collect about a child in order 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 also may disclose information we collect about a child where we believe it is necessary 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 Use or this Policy or as evidence in litigation in which we are involved.
Aggregate/De-identified. We may disclose aggregate or de-identified information that we collect about children through our Services, for advertising, research and analytical services; however, we will strip out names, contact information and other personal identifiers before we do so.
· General public when submitting content to a public forum. Use of our services may enable you communicate with public forums such as HeadSharp message boards, blogs, social media, and features that may be offered with our services. If you communicate with use via these channels, your communications may be viewable by the public.
· With your consent. We may share your information other than as we have described in this policy if we notify you and you consent to the sharing.
STORAGE OF YOUR INFORMATION
The information you provide HeadSharp may be collected through our services and processed in the United States or any other country in which HeadSharp, its subsidiaries, affiliates, and/or service providers maintain facilities.
As a result, HeadSharp its subsidiaries, affiliates, and/or service providers may transfer information we collect about you, including personal information, across borders and from your country or jurisdiction to other countries or jurisdictions around the world. For example, you may reside in another country or region with differing data protection and privacy laws than the United States. Consequently, when you register to use the Service you acknowledge and consent to HeadSharp transmitting your information to the United States or to any country in which HeadSharp and/or its subsidiaries, affiliates, and/or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
In turn, HeadSharp uses commercially reasonable standards, measures and/or protocol to keep the information collected through the Service secure and as a result we take cautionary steps to verify your identify before granting you Service access. Moreover, HeadSharp cannot ensure the security of any information submitted or transmitted by you to HeadSharp nor can we guarantee that said information may not be disclosed, destroyed, and/or altered.
INTERNATIONAL GUESTS
If you are accessing this Platform from outside of the United States, you consent to the transfer of your information to the United States, and the processing, use, and sharing of your information in accordance with this Privacy Policy. Regardless of where your information is collected or transferred, the information will be treated in accordance with this Privacy Policy.
YOUR RIGHTS TO REVIEW, DELETE, AND CONTROL OUR USE OF CHILDREN’S PERSONAL INFORMATION
Parents have a right to review the information we have collected about their children, respectively, and to delete it, and to tell us to stop using it. To exercise these rights, you may contact us at info@headsharp.com. You will be required to authenticate yourself as the child’s parent to receive information about that child. Please note that copies of information may remain in cached or archived form on our systems after you request us to delete it.
PROTECTING YOUR INFORMATION
We take the security of your Personal Information very seriously, and have implemented policies and procedures, including technical measures, that are designed to help safeguard it. Please remember that you play a valuable part in security as well. Your password to access our Service, which you select at registration, should never be shared with anyone and should be changed frequently. While we strive to use best practices to protect your Personal Information, the Internet and computer technology is not 100% secure and we cannot absolutely ensure the security of any Personal Information that you provide to us.
DATA RETENTION AND DELETION
HeadSharp will retain your personal information for a minimum of 7 years in connection with regulatory, tax, insurance or other requirements in the places in which it operates. HeadSharp thereafter deletes or anonymizes such information with applicable laws. Users may request deletion of their account at any time. Following such request, HeadSharp deletes the information that it is not required to retain and restricts to or use of an information it is required to retain. You may request deletion of your account by contacting us here at info@headsharp.com
Parents have a right to review the information we have collected about their children, respectively, and to delete it, and to tell us to stop using it. To exercise these rights, you may contact us at info@headsharp.com You will be required to authenticate yourself as the child’s parent to receive information about that child. Please note that copies of information may remain in cached or archived form on our systems after you request us to delete it.
HeadSharp may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing users’ safety and security. For example, if HeadSharp shuts down a user’s account, HeadSharp may retain certain information about that account to prevent that user from opening a new HeadSharp account in the future.
CALIFORNIA RESIDENTS
California residents may choose to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes or choose to opt out of such disclosure. To make a request or to opt out at any time, please contact us at info@headsharp.com or the other contact information provided below. Our policy is not to disclose Personal Information collected online to a third party for directing marketing without your approval.
PAYMENTS
HeadSharp uses Stripe and PayPal as its third party electronic payment processing provider for payment services (e.g. card acceptance, merchant settlement, and related services) ("Payment Services") for payments related to the Service. By making use of some or all of these Payment Services on the Service, you agree to be bound by Stripe's and PayPal’s terms and conditions (available at https://stripe.com/us/legal and https://www.paypal.com/us/webapps/mpp/ua/useragreement-full) as well as its privacy policy (available at https://stripe.com/us/privacy/ and https://www.paypal.com/us/webapps/mpp/ua/privacy-full) and hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our third party electronic payment processing provider(s) to the extent required to provide the Payment Services to you.
Customer Credit Card Information: HeadSharp uses a Stripe and PayPal to keep a protected copy of your credit card number. This billing data belongs to you, and by utilizing the Service, you grant HeadSharp a license to use this data to bill you for services rendered. This will only be applicable to HeadSharp web app and payment information for iOS and Android devices are stored in iTunes and google play account respectively.
THIRD PARTY WEBSITES
You should carefully review security/privacy policies of any third-party sites accessible from the Site. Other sites accessible through the Site have their own policies and data collection, use, and disclosure practices. Please consult each site's policies and practice. HeadSharp is not responsible for the policies or practices of third parties. The information practices of those websites linked from the Site are not covered by this Privacy Policy. These other sites may send their own cookies to users, collect data, or solicit personal information.
COOKIES AND OTHER TRACKING TECHNOLOGIES
"Cookies" are small data files that are sent to your web browser when you access a website, and the files stored on your device's hard drive. We use "session" cookies to keep you logged in while you use the Site, to track your preferences and to track trends and monitor usage and web traffic information on the Site. These are erased when you close your browser. We use "persistent" cookies to relate your use of our Service to other information about you and store information about your preferences to make your user experience consistent and customized. For example, we may create a persistent cookie that includes some basic information about you, like your favorite website locations and whether customer support responded to your inquiry. These cookies stay on your hard drive until you erase them, or they expire and associate your information with your account even if you are logged out.
Most browsers automatically accept cookies, but you can change your settings on the browser settings to refuse cookies or prompt you before accepting cookies. You can also use your browser settings or other tools to delete cookies you already have. However, if you disable or refuse cookies, then certain features of the Site may be inaccessible or not function properly.
Our cookies do not, by themselves, contain Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are. As noted, however, we do use cookies to identify that your web browser has accessed aspects of the Service and may associate that information with your account if you have one.
Certain features of the Site may use local shared objects (or "flash cookies"). Flash cookies are small files similar to browser cookies that collect and store information about your preferences and where you browse and what you look at on the Site. Flash cookies are not managed by the same browser or device settings that are used for browser cookies. You may adjust your Adobe Flash Player settings to prevent flash cookies from being placed on your hard drive.
This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, third party websites to which a link points may set cookies on your computer.
We may use "clear GIFs" (aka "web beacons" or "pixel tags") or similar technologies, on our Service or in our communications with you to enable us to know whether you have visited a part of our Service or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a website or in an email or other type of message, which is retrieved from a remote website on the Internet enabling the verification of an individual's viewing or receipt of a website or message.
We do not automatically collect Personal Information, but we may tie Personal Information with the automatically collected information using the above tools or information collected from other sources.
We may also log information using digital images called web beacons on our Site or in our emails. We may use web beacons to manage cookies, count visits, and to learn what marketing works and what does not. We may also use web beacons to tell if you open or act on our emails.
We also use third party analytics services to collect usage data from our Site in order to help us understand how users are interacting with our Site. Third party analytic services are used to track general location information, and events that occur without our Site, such as how often you use our Site. This information, including your IP address, is transmitted and stored by 3rd parties as determined by us.
HOW TO OPT-OUT
If you choose to stop receiving emails from HeadSharp, please follow the unsubscribe instructions within each email communication or send an email to info@headsharp.com. HeadSharp will not provide or share any mailing lists or other information about you to another company or service for promotional purposes. Any service related emails (to confirm a purchase, etc.) generally do not offer an option to unsubscribe as they are necessary to provide the service you requested.
HEADSHARP NEWSLETTER
HeadSharp maintains a newsletter for its registered users. As a registered user, you agree to receive the Site’s newsletters unless you have specifically chosen to opt out.
CONTACT HEADSHARP
The Service is owned, operated, and maintained by:
HeadSharp
14 Ridge Road
South River, NJ, Zip 08882
info@headsharp.com
1-862-217-4277
CHANGES TO THIS COPPA AND GENERAL PRIVACY POLICY
This COPPA Policy and General Privacy Policy (collectively “Privacy Policy”) is current as of the Effective Date set forth above. We may change this Privacy Policy from time to time, so please be sure to check back periodically. We will post any changes to this Privacy Policy on our Site and in our Apps. If we make any changes to this Privacy Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site and in our Apps.
CONSENT
Your continued access and use of the HeadSharp services, subject to the Terms of Use and Conditions, signifies your unequivocal consent to the terms of this Privacy Policy.
SPECIAL INFORMATION FOR EU USERS
Beginning May 25, 2018, the processing of personal data of users in the European Union is subject to the EU General Data Protection Regulation (“GDPR”). This section summarizes HeadSharp ’s grounds for processing personal information under the GDPR, and the rights of EU users as relates to HeadSharp ’s handling of personal information. This section provides information as relates to EU users' rights, and HeadSharp 's responsibilities, under this regulation.
A. EU User Rights
If you are a HeadSharp user in the EU, you have the following rights with respect to HeadSharp 's handling of your personal information. To exercise these rights, please see below or submit your request at info@headsharp.com
Users outside the EU may also request explanation, correction, deletion or copies of their personal data by contacting us at info@headsharp.com
1. Explanation and copies of your data
§ You have the right to request an explanation of the information that HeadSharp has about you and how HeadSharp uses that information.
§ You also have the right to receive a copy of the information that HeadSharp collects about you if collected on the basis of consent or because HeadSharp requires the information to provide the services that you request.
2. Correction
§ If HeadSharp has information about you that you believe is inaccurate, you have the right to request correction of your information. Please see the section titled “Explanation, Copies and Correction” below for more information on correcting, or requesting correction of, your information.
3. Deletion
Users may request deletion of their accounts at any time. Users may request via HeadSharp 's website at info@headsharp.com. We may retain certain information about you as required by law and for legitimate business purposes permitted by law.
Please see the “Data Retention & Deletion” section above for more information regarding HeadSharp 's retention and deletion practices.
4. Objections and complaints
Users in the EU have the right to object to HeadSharp 's processing of personal data, including for marketing purposes based on profiling and/or automated decision making. HeadSharp may continue to process your information notwithstanding the objection to the extent permitted under GDPR.
You may also submit questions, comments or complaints to HeadSharp directly at:
ATTN: Privacy Officer
HeadSharp
14 Ridge Road
South River NJ
08882
info@headsharp.com
B. Grounds for Processing
The GDPR requires that companies processing the personal data of EU users do so on the basis of specific legal grounds. As described below, HeadSharp processes the information of EU users based on one or more of the grounds specified under the GDPR:
1. The processing is necessary to provide the services and features you request
HeadSharp must collect and use certain information in order to provide its services. This includes:
User profile information that is necessary to establish and maintain your account, including to verify your identity; enable communications with you about the products you order from us, orders and accounts; and to enable you to make payments.
HeadSharp website access which will enable you to use the services with us and/or our service partners.
Usage information, which is necessary to maintain, optimize and enhance HeadSharp 's services, including to determine, sometimes in combination with other information, incentives, etc.
§ Collection and use of this information is a requirement for using HeadSharp’s website and services.
2. The processing is necessary to protect the vital interests of our users or of others
HeadSharp may process personal information, including disclosing data with law enforcement authorities in case of threats to the safety of users or of others.
3. The processing is necessary for HeadSharp 's legitimate interests
HeadSharp collects and uses personal information to the extent necessary for its legitimate interests. This includes collecting and using information:
To prevent, detect and combat fraud in connection with the use of our services. For example, HeadSharp uses user profile, profile picture(s), location, device and usage information, to identify and prevent circumstances when users attempt to defraud HeadSharp or other users.
To inform law enforcement officials regarding criminal acts or threats to public safety.
To provide customer support.
To optimize our service and develop new services.
For research and analytical purposes. This includes, for example, analyzing usage trends to improve the user experience and enhance the safety and security of our services.
For direct marketing purposes. This includes, for example, analyzing data to identify trends and tailor marketing messages to user needs.
To enforce HeadSharp 's Terms of Service.
4. The processing is necessary for the legitimate interests of other persons or parties
HeadSharp collects and uses personal information to the extent necessary for the interests of other persons or the general public. This includes sharing information in connection with legal or insurance claims, to protect the rights and safety of others.
HeadSharp may also process personal information when necessary in regard to a substantial public interest, on the basis of applicable laws.
5. The processing is necessary to fulfill HeadSharp 's legal obligations
HeadSharp is subject to legal requirements in the jurisdictions in which it operates that require us to collect, process, disclose and retain your personal data. For example, HeadSharp is subject to laws and regulations in many cities and countries that require it to collect and retain information about the HeadSharp products, to retain such information for extended periods of time, and to provide copies of such information to governmental or other authorities. HeadSharp uses your information to comply with such laws to the extent they apply to your use of the HeadSharp website(s).
HeadSharp may also share information with law enforcement, or requests by third parties pursuant to legal processes. For more information about such sharing, please see
6. Consent
HeadSharp may collect and use your information on the basis of your consent. You may revoke your consent at any time. If you revoke your consent, you will not be able to use any service or feature that requires collection or use of the information we collected or used on the basis of consent.
HeadSharp relies on consent in connection with data collections or uses that are necessary to enhance the user experience, to enable optional services or features, or to communicate with you. If you are an EU user, the following types of data collections or uses are done on the basis of your consent.
- Location Information (Users and HeadSharp products)
- Notifications: Account Updates
- Notifications: Discounts and News
- Address Book / Contacts
- Please see the Choice & Transparency section below for further information about these data collections and uses, how to opt in or out of them, and the effect of opting out of these on your use of HeadSharp 's apps.
- HeadSharp may also collect personal information about you through voluntary surveys. Your responses to such surveys are collected on the basis of consent and will be deleted once no longer necessary for the purposes collected.
CHOICE AND TRANSPARENCY
HeadSharp provides means for you to see and control the information that HeadSharp collects, including through:
- device permissions
- marketing opt-outs
You may also request that HeadSharp provide you with explanation, copies or correction of your data.
A. DEVICE PERMISSIONS
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that websites cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the HeadSharp website wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the HeadSharp website seeks before you first use the website, and your use of the website constitutes your consent.
B. EXPLANATIONS, COPIES AND CORRECTION
You may request that HeadSharp:
Provide a detailed explanation regarding the information HeadSharp has collected about you and how it uses that information.
Receive a copy of the information HeadSharp has collected about you.
Request correction of any inaccurate information that HeadSharp has about you.
You can make these requests by contacting HeadSharp at info@headsharp.com
You can also edit the name, phone number and email address associated with your account through the Settings menu in HeadSharp 's website You can also look up your transactions, history, etc. in the HeadSharp website.
C. MARKETING OPT-OUTS
You may opt out of receiving promotional emails from HeadSharp at info@headsharp.com. You may also opt out of receiving emails and other messages from HeadSharp by following the instructions in those messages. Please note that if you opt out, we may still send you non-promotional messages, such as receipts for your rides or information about your account.
Privacy Policy Modifications and Updates
HeadSharp reserves the exclusive right to change, modify, or alter the terms of this Privacy Policy. The most current version of this policy will govern our use of your information. Continued access and use of the HeadSharp services after changes to our Privacy Policy occur indicate that you agree to be bound by the revised Privacy Policy.