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Privacy Policy

XY(Sports) INC. (“XY(Sports)” or “we”) operates XYSports.com. This Privacy Policy describes XY(Sports)’s use and sharing of personally identifiable information (“PII”-- your full name, email address, mailing address, telephone number, or credit card number) that Members voluntarily provide to XY(Sports) when they register (also known as “Registration PII”). The Term “User” refers to a Visitor or a Member. This Privacy Policy applies to the services offered by XY(Sports), including any XY(Sports)-branded URL (the “XY(Sports) Website”), the XY(Sports) instant messaging service, the XY(Sports) application developer service and other features (for example, music and video embedded players), XY(Sports) mobile services, and any other features, content, or applications offered from time to time by XY(Sports) in connection with the XY(Sports) Website (collectively, the “XY(Sports) Services”). The XY(Sports) Services are hosted in the United States.

The XY(Sports) Website is a general audience site and does not knowingly collect PII from children under 13 years of age. From time to time XY(Sports) may modify this Privacy Policy to reflect industry initiatives or changes in the law, our PII collection and use practices, the features of the XY(Sports) Services, or technology, and such modifications shall be effective upon posting by XY(Sports) on the XY(Sports) Website. Your continued use of the XY(Sports) Services after XY(Sports) posts a revised Privacy Policy signifies your acceptance of the revised Privacy Policy.

It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. If XY(Sports) materially changes its practices regarding collection or use of your PII, your PII will continue to be governed by the Policy under which it was collected unless you have been provided notice of, and have not objected to, the change.

COLLECTION AND SUBMISSION OF PII AND NON-PII ON XY(SPORTS)

General. When XY(Sports) collects PII from you it is because you are voluntarily submitting Registration PII to us in order to register as a Member of XY(Sports). XY(Sports) may also collect PII from you if you choose to participate in XY(Sports) Services activities like sweepstakes, contests, and surveys, because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to XY(Sports) for review. In addition, XY(Sports) collects other non-PII including IP address, aggregate user data, and browser type.

This data is used to manage and improve the XY(Sports) Services, track usage, and for security purposes. XY(Sports) Members may also choose to provide or store non-PII information in their profiles, including but not limited to date of birth, interests, hobbies, lifestyle choices, groups with whom they are affiliated (schools, companies), videos and/or pictures, private messages, bulletins or personal statements (collectively “Profile Information”). The Profile Information in a Member’s profile is provided at his or her sole discretion. XY(Sports) Members can change their Registration PII and Profile Information at any time and can control how Visitors, other Members and XY(Sports) communicate with them by controlling their account settings, available within the “Edit Profile” portion of their XY(Sports) profile. Link to Privacy Settings.

Cookies. Cookies are small bits of information that XY(Sports) places on your computer. XY(Sports) uses cookies to identify your Internet browser, store Users’ preferences, and determine whether you have installed the enabling software needed to access certain material on the XY(Sports) Services. Data in cookies may be read to authenticate user sessions or provide services. Third party advertisements displayed on XY(Sports) Services may also contain cookies set by Internet advertising companies or advertisers (known as “third party cookies”). XY(Sports) does not control these third party cookies and Users of the XY(Sports) Services should check the privacy policy of the Internet advertising company or advertiser to see whether and how it uses cookies. See the “Notice” section below for more information on customized advertising on XY(Sports). A pixel tag is a tiny image inserted in a webpage and used to record the number and types of views for that page. XY(Sports) may allow third party pixel tags to be present on XY(Sports) Services for purposes of advertising, providing services or data and statistics collection. You can program your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. However, by blocking all cookies you may not have access to certain features on the XY(Sports) Services.

NOTICE: XY(SPORTS) WILL PROVIDE YOU WITH NOTICE ABOUT ITS PII COLLECTION PRACTICES

When you voluntarily provide PII to XY(Sports), we will make sure you are informed about who is collecting the information, how and why the information is being collected and the types of uses XY(Sports) will make of the information to the extent it is being used in a manner that differs from what is allowed pursuant to this Privacy Policy. At the time you provide your PII, XY(Sports) will notify you of your options regarding our use of your PII (See “Choice” below). Except as described in this Privacy Policy, XY(Sports) will not share your PII with third parties unless you have given XY(Sports) permission to do so (See “Use” below).

XY(Sports) Services may be linked to Internet sites operated by other companies. XY(Sports) Services may also carry advertisements from other companies. XY(Sports) is not responsible for the privacy practices of websites or other services operated by third parties that are linked to or integrated with the XY(Sports) Services or for the privacy practices of third party Internet advertising companies. Once you leave XY(Sports) Services via such a link, access a third party application (such as widgets) or click on an advertisement, you should check the applicable privacy policy of the third party or advertiser site to determine, among other things, how they will handle any PII they collect from you.

XY(Sports) Services may also be linked to sites operated by companies affiliated with XY(Sports) (i.e., that are part of the group: “Affiliated Companies”). Although all Affiliated Companies adhere to the corporate Privacy Principles, Users who visit those Affiliated Company sites should still refer to their separate privacy policies and practices, which may differ in some respects from this Privacy Policy. XY(Sports) may use cookies and similar tools to customize the content and advertising you receive based on the Profile Information you have provided. Profile Information you provide in structured profile fields or questions (multiple choice questions like “Marital Status,” “Education” and “Children”) (“Structured Profile Information”), information you add to open-ended profile fields and questions (essay questions like “About Me,” “Interests” and “Movies”) (“Non-Structured Profile Information”) and other non-PII about you may also be used to customize the online ads you encounter to those we believe are aligned with your interests. For example, based on your athletic interests we might display an an advertisement to make sure you are advised when your favorite team is coming to town. The information used for this feature does not provide your PII or identify you as an individual to third parties. Some of the advertisements that appear on XY(Sports) Services may also be delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect non-PII about your visit to or use of XY(Sports) Services, including information about the ads they display, via a cookie placed on your computer that reads your IP address. To opt out of information collection by these companies, or to obtain information about the technologies they use or their own privacy policies, please click here. Third party applications (such as widgets) created by third party developers may also be available on the XY(Sports) Services. Third party applications are small bits of software, often with interactivity, that can be installed into Members’ profiles or shared with other Users. However, XY(Sports) does not control the third party developers, and cannot dictate their actions. When a Member engages with a third party application, that Member is interacting with the third party developer, not with XY(Sports). XY(Sports) encourages Members not to provide PII to the third party’s application unless the Member knows the party with whom it is interacting.

CHOICE: XY(SPORTS) WILL PROVIDE YOU WITH CHOICES ABOUT THE USE OF YOUR PII

Except as described in this Privacy Policy, XY(Sports) will get your permission before we use the PII you provide to us in a way that is inconsistent with the purpose for which it was submitted or share your PII with third parties that are not affiliated with XY(Sports).

USE: XY(SPORTS)'S USE OF PII

XY(SPORTS) will only use the PII you provide under this Privacy Policy in a manner that is consistent with this Privacy Policy. If XY(Sports) obtains PII from a third party, such as a business partner, our use of that information is also governed by this Privacy Policy. In order to locate other XY(Sports) Members that you may already know in the physical world, XY(Sports) allows Users to search for Members using Registration PII (i.e., full name or email address). XY(Sports) also allows Users to browse for certain Profile Information in order to help connect with Members (i.e., schools and/or companies where Users may have attended or worked).

XY(Sports) may also enable Members to publicly display some Registration PII as an element of their Profile Information if they choose to do so via a profile setting under “Edit Profile.” Search engines may index the portion of a Member’s profile (including the Profile Information it contains) that is publicly displayed. If you have consented to receive promotional materials (e.g., newsletters) or notifications from XY(Sports), XY(Sports) may periodically use your email address to send you such materials related to the XY(Sports) Services, as applicable. If you want to stop receiving such materials from XY(Sports), you can change your profile settings under “Account Settings,” or follow the unsubscribe instructions at the bottom of each email. XY(Sports) employees, agents and contractors must have a business reason to obtain access to your PII. XY(Sports) may share your PII with those who help us manage or provide XY(Sports) Services’ information activities (for example, message board administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes.

These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your PII to provide XY(Sports) with a specific service and not for any other purpose. XY(Sports) may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII. XY(Sports) also may share your PII with Affiliated Companies if it has a business reason to do so. As described in “Notice” above, XY(Sports) may customize the advertising and marketing messages you receive on the XY(Sports) Website, or may work with outside companies to do so. Your non-PII and/or Profile Information may be shared with these companies so this customization can be accomplished. XY(Sports) prohibits these companies from sharing your non-PII and/or Profile Information with any third party or from using it for any other purpose.

Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with XY(Sports)’s advertisers and business partners. There may be instances when XY(Sports) may access or disclose PII, Profile Information or non-PII without providing you a choice in order to: (i) protect or defend the legal rights or property of XY(Sports), our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the XY(Sports) Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. In addition, if XY(Sports) sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, XY(Sports) may transfer your PII to the party or parties involved in the transaction as part of that transaction. When a Member who is located in the European Union chooses to post Profile Information that will be publicly disclosed, that Member is responsible for ensuring that such information conforms to all local data protection laws. XY(Sports) is not responsible under the EU local data protection laws for Member-posted information.

SECURITY: XY(SPORTS) PROTECTS THE SECURITY OF PII

XY(Sports) uses commercially reasonable administrative, technical, personnel and physical measures to safeguard PII and credit card information in its possession against loss, theft and unauthorized use, disclosure or modification.

In addition, XY(Sports) uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete.

SAFE HARBOR

Safe Harbor. XY(Sports) complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from EU member countries. XY(Sports) has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, please visit http://www.export.gov/safeharbor/. Privacy Complaints by EU Citizens: In compliance with the Safe Harbor Principles, XY(Sports) commits to resolve complaints about your privacy and our collection or use of your personal information. EU citizens with inquiries or complaints regarding this privacy policy should first contact XY(Sports) by visiting http://XYSports.com and submitting your question through the Contact XY(Sports) form or by mail at XY(Sports) INC., Attn: Customer Care - Privacy, 2710 Florida Blvd., Delray Beach, FL 33483. XY(Sports) has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU Safe Harbor, operated by the Council of Better Business Bureaus.

If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by XY(Sports), you may contact: http://www.bbb.org/us/european-dispute-resolution/consumer/

ACCESS, REMEDIES AND COMPLIANCE: HOW TO ACCESS, CORRECT OR CHANGE YOUR PREFERENCES REGARDING YOUR PII AND HOW TO CONTACT XY(SPORTS) ABOUT PRIVACY CONCERNS

Whenever possible, XY(Sports) Members may review the Registration PII we maintain about them in our records.

We will take reasonable steps to correct any PII a Member informs us is incorrect. If you are a Member, you can view and change your Registration PII, Member preferences and Profile Information by logging into your account and accessing features such as “Edit Profile” and “Account Settings.” If you ask XY(Sports) to stop using your PII, XY(Sports) will honor that request while retaining any record of your PII that is necessary to comply with applicable federal, state or local law. If you would like to communicate with us about this Privacy Policy or XY(Sports)’s collection and use of your PII, you may Contact XY(Sports) using our form on our Contact Us page.

Mail: XY(Sports) Support – Privacy Policy 2710

        Florida Blvd. Delray Beach, FL  33483

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