Amended February 23, 2023.
If you use WIN’s products or services, further information may also be provided in your contract with us. If you are an employee, worker or contractor of WIN, the information about how we handle your personal information is available in the WIN Handbook. We do not collect social security or equivalent national tax ID numbers, except for employment purposes. If you are a prospective employee or job applicant of WIN, we will provide you with information about how we handle your personal information for recruitment purposes. This will be provided to you if you commence any of our recruitment initiatives.
1. Collection and Use of Personal Information
Personal information is data relating to a person that can be used to help uniquely identify them, either directly or indirectly. You may be asked to provide personal information when in contact with WIN. If you do not provide us with certain requested personal information we may not be able to provide you with some or all of WIN’s products and services.
If you are a representative of a corporate entity, such as a professional sports organization, then WIN may use your personal information to provide and customize our products and services, and send you marketing communications related to our products and services.
Where you are an individual (i.e., not a representative of a corporate entity) and have consented to us using your personal data for marketing purposes, we may use your information to conduct marketing and data analysis or to send you updates and news concerning WIN and its business partners. If at any time after you have consented to us using your information for marketing purposes you wish us to stop using your information for these purposes, please email us at [email protected].
2. Personal Information We Collect
When you visit our website(s), download or install a software application, create a registered user account, purchase or register a product, complete a survey, or download a software update, we may collect information, including but not limited to: name, mailing address, phone number, email address, athlete profile information (as described in Section 3 below), contact preferences, credit card information and payment history.
We may also collect such information when you contact us in person (for example, at clinics, conferences, workshops, seminars and other events), via telephone, facsimile or email. When you send us an email, that address will be recorded automatically for purposes of replying to your email. If you represent a corporate entity, such as a professional sports organization, by providing your email address, you are subscribing to our electronic newsletter and product updates, which may include information about new features and new services. You may unsubscribe from this content by following the steps detailed in the email footer or by contacting [email protected]
We may receive and store certain types of website usage information when you visit our websites. Website usage information helps us determine how visitors arrive, what type of content is most popular and which visitors are interested in particular content and advertising. We may collect the page visited, the time, the source of the request, the type of browser making the request, the preceding page view and other information about your engagement with our site and services. We may also collect your IP address and your Device Identifier. A Device Identifier is a number automatically assigned to the computer, cell phone or tablet used to access the Internet. We may associate your Device Identifier with the personal information you provide.
When you browse our website(s), we may collect information about you, regardless of whether you have created a registered user account. However, if you choose to access our websites anonymously, we may not be able to provide you with particular products or services. We collect and store personal information if you provide any such personal information, register as a user, provide details at an event, complete a survey or supply personal details through any other form of correspondence. WIN uses this information to provide products and services, as well as for billing, identification, authentication, products and services improvement, contact and research purposes. This information may include: date, time, computer identity, crash data, device type and setting, operating system, language, region, log preferences, registration key, license level, license code, license code status, code registration date, last validation date, Ethernet address, IP address, MAC address, licensed software name and version, OS version, and any other information about user actions required to improve, support and maintain our software.
3. Athlete Profile Pages
These pages may contain and therefore collect: name, home and email addresses, phone number, school (name, city and state), graduation year, parent/guardian information (name, relation, email and phone), age, birth date, photograph, height, weight, jersey number, Twitter handle, sports position, performance statistics, speed and strength information, sports awards, sports videos featuring the athlete, and other athlete profile information, as may be updated from time to time. This information can be accessed by the athlete, coaches and team administrators. The general public may have limited access to athlete profile information based on administrator selected privacy settings. Home and email addresses, phone number, parent/guardian information (name, relation, email and phone), age, birth date, graduation year and sports awards are not available to the general public by default.
4. Data Storage
WIN uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the WIN website, and such third-party vendors may collect and store your data on behalf of WIN. WIN owns the code, databases and all rights therein. WIN incorporates reasonable safeguards to help protect and secure your personal information. However, no data transmission over the Internet, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that WIN cannot ensure or warrant the security of any information you transmit via its websites and/or products, and you do so at your own risk. The websites are general audience websites.
5. Disclosures to Third Parties
There are circumstances where we may wish to disclose or are compelled to disclose your personal data to third parties. We may share your personal information with: our subsidiaries, branches or associated offices, our partners, vendors, licensees, agents, representatives, distributors, independent contractors, legal advisors, our other professional advisors, and/or to any other third party where you have provided your permission.
Any disclosure to third parties will only take place in accordance with the applicable law and for the purposes listed. These scenarios include disclosure: (1) as required to provide products or services you’ve requested; (2) in order to provide partner-sponsored feature enhancements; (3) when necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms and Conditions of Use, or as otherwise required by law; (4) on a temporary or permanent basis for the purposes of a joint venture, collaboration, financing, sale, merger, reorganization, change of legal form, dissolution or similar event (in the event we are acquired by or merge with another company, you will be notified before your information is transferred); (5) to protect the security or integrity of our business, including our databases and systems, and for business continuity reasons; (6) to our legal advisors who may need to manage or litigate a claim; and (7) for any other purpose when we have your permission. Participating in promotions where you are asked to share information such as your name, address, email address or similar information is deemed permission to use such information for purposes of the promotion, including providing that information to any third party participating in the promotion.
We do not knowingly collect personal information from children under age thirteen (13) (or the otherwise applicable age of digital consent in any particular jurisdiction), however, we understand that users of our products and services may occasionally be under the age of thirteen. Children under the applicable age of digital consent are not permitted to use our websites and services, and must request a team adult, parent or guardian (“Responsible Adult”) provide any personal data in connection with the site and/or services. We will delete any information later determined to have been collected from an underage user rather than provided by a Responsible Adult. Coaches and Account Administrators may add underage users to a team roster and/or direct invite codes to such users only with express written consent from a parent or legal guardian. WIN is not liable for obtaining such consent on behalf of a team. WIN products and services may provide age appropriate groupings in which users can participate with other users of the same or similar age. Such users must obtain a Responsible Adult’s permission to provide the information (full name, birthdate) necessary to join such a group, and a Responsible Adult will always be able to remove a user from any such group and contact WIN to have the applicable information deleted. If requested, WIN will provide assistance to the Responsible Adult to have such information removed. WIN will use the provided information solely to enable users to participate in age-related training and activities and will remove such information when it is no longer needed.
7. Web Beacons
Our website contains electronic images (generally, single-pixel .gif images) called “web beacons.” Web beacons allow WIN and third parties to monitor and collect information about the viewer of the web page, web-based document, email message or other communication, such as the type of browser requesting the web beacon, the Device Identifier that the web beacon is sent to, and the time the web beacon was viewed. WIN uses web beacons to count web browsers, visits and page views. It also uses beacons to monitor traffic and conversion patterns, to personalize your experience, including advertising and content, and to determine whether or not messages were opened, links were clicked or notifications/offers were acted upon.
9. Hosted Service Partners and Their Privacy Options
You can opt out of Facebook collection here. You can opt out of Google analytics here, and adjust other Google privacy settings here. Twitter also uses conversion tracking and tailored audience products for advertisements. You can modify your Twitter privacy settings here. You can opt out of LiveRamp here. You can opt out of Amobee here. Our website may also provide hyperlinks to other websites owned and controlled by others. WIN is not responsible for the privacy practices of any website that it does not own or otherwise control, and you should read the privacy policies of websites owned and controlled by others before deciding whether to proceed.
WIN’s website does not respond to “do not track” settings in browsers.
11. Online Training
12. Messaging and Notifications
WIN’s private messaging tools (“WIN Messaging”) are available to WIN subscribers. Messages may be between one sender and one or more recipients. WIN Messaging enables users to have conversations with individual athletes and coaches, custom groups, or the whole team on the same WIN roster. WIN Messaging is intended for use that includes, but is not limited to, sending reminders about practice times, requesting feedback from the team, discussing game strategy, or sharing links to training resources.
When a message is sent, all participants in the conversation (except the sender) receive a notification within WIN Messaging that they have a new unread message.
Once a message is deleted from the sender’s personal account, it is deleted from the recipient(s’) account(s) as well. Neither the recipient nor the sender is then able to see the message. Once the message is deleted, the action cannot be undone. Any information the sender submits through messaging, however, may be passed along by the recipient without the sender’s knowledge. This may occur by forwarding the notification email or text, or capturing and forwarding a screenshot of the message(s) prior to deletion.
WIN supports the privacy and competitiveness of teams by requiring authentication to view the messages and files shared within a specific team. WIN reserves the right, but is not obligated to, disclose any information if, in its sole opinion, WIN suspects or has reason to suspect that the information involves a party who may be the victim of harassment in any form. Information may be disclosed to authorities that WIN, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. Additionally, WIN reserves the right to divulge the contents of a communication to an addressee or intended recipient of such communication. Given this, even if both the sender and recipient(s) deleted their message(s), conversation(s) directed at either party may be provided to the individual at either party’s request.
We may also use aggregated Messaging information for purposes such as auditing, data analysis, and research to improve WIN’s products, services, and customer communications. WIN will not share with any partners any information provided via Messaging, except on aggregate, unless explicitly approved by the team admin.
We reserve the right to access Messaging information when necessary to investigate, prevent, or take action regarding illegal activities, including suspected fraud, harassment, and threats to the safety of any person, as well as violations of our Terms and Conditions of Use, or as otherwise required by law.
13. Retention of Personal Information
14. Confidentiality and Security
15. Compliance with Privacy Laws
16. Grounds for Processing in the EU/EEA
If you are in the European Union and/or European Economic Area, to process your data lawfully we need to rely on one or more valid legal grounds. The grounds we may rely upon include: (1) your consent to particular processing activities. For example, where you have consented to us using your information for marketing purposes; (2) our legitimate interests as a business (except where your interests or fundamental rights override these). For example, it is within our legitimate interests to use your data to send you our electronic newsletter and product updates if you represent a corporate entity (unless you have unsubscribed); (3) our compliance with a legal obligation to which we are subject. For example, we have a duty to investigate and respond to complaints made against us and may need to process your personal information as part of such investigation; or (4) if you are a customer, or are representing a customer, because processing your personal data is necessary for the performance of a contract.
17. Your EU/EEA Data Protection Rights
Please contact us at [email protected] cc: [email protected] any time to exercise any of your data protection rights. Data protection law applicable to individuals in the European Union and/or European Economic Area provides individuals with certain rights, including the right to access, rectify, withdraw consent, erase, restrict, transport, and object to the processing of their personal information. Individuals also have the right to lodge a complaint with the relevant information protection authority if they believe that their personal information is not being processed in accordance with the law. Further information about your rights is set out below:
Right to obtain a copy of your personal information. You may have the right to obtain a copy of the personal information we hold about you.
Right to rectification. You may request that we rectify any inaccurate and/or complete any incomplete personal information. If we disagree and believe the information to be accurate and complete, we will advise you and include a notation on the record that you dispute the information’s accuracy. We will respond to your request to correct or supplement your personal information within a reasonable time period and, in any event, within any time period specified in relevant laws.
Right to withdraw consent. You may, as permitted by law, withdraw your consent to the processing of your personal information at any time. Such withdrawal will not affect the lawfulness of processing based on your previous consent. Please note that if you withdraw your consent, you may not be able to benefit from certain service features for which the processing of your personal information is essential.
Right to object to processing. You may, as permitted by law, request that we stop processing your personal information. You also have the right to ask us not to process your personal data for marketing purposes.
Right to erasure. You may request that we erase your personal information and we will comply, unless there is a lawful reason for not doing so.
Your right to lodge a complaint with the supervisory authority. We suggest that you contact us about any questions or if you have a complaint in relation to how we process your personal information. However, you do have the right to contact the relevant supervisory authority in the relevant country directly. In the UK, this is the Information Commissioner’s Office at https://ico.org.uk.
18. International Transfer of Personal Data
Cal. Civ. Code § 1798.83 (2006) permits users of our websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at: 5918 W Courtyard Dr, Austin Texas, 78730.
19. California Privacy Rights
The California Consumer Privacy Act (CCPA) provides California residents with specific rights regarding their personal information. You have the right to know that we may have collected the following Personal Information directly from you:
|Category of Personal Information||Purpose for Collection||Disclosed for a business purpose?||Sold for a business purpose?|
|Identifiers (ex. name, online identifier, email, name, username, address, email, phone, social media handles or urls)||Performing services at your request, which include facilitating your access to and use of our products and services and responding to direct communications||Yes — only to service providers /subprocessors listed in the “Disclosures to Third Parties” section above||No|
|Personal Information categories listed in the California Customer records statute (ex. name, email, address, telephone number, credit card number, payment information, education, employment history)||Performing services at your request, which include facilitating your access to and use of our products and services and reviewing employment applications||Yes — only to service providers /subprocessors listed in the “Disclosures to Third Parties” section above||No|
|Internet activity (ex. details about interactions with our products and services)||Administering and maintaining our products and services, including linking a log file to an individual to improve our products and services.||Yes — only to service providers /subprocessors listed in the “Disclosures to Third Parties” section above||No|
|Geolocation data (ex. IP address)||Verifying U.S. sanctions compliance|
Enable products and services to work correctly
|Yes — only to service providers /subprocessors listed in the “Disclosures to Third Parties” section above||No|
|Professional or employment-related information||Performing services at your request, which include reviewing employment applications||Yes — only to service providers /subprocessors listed in the “Disclosures to Third Parties” section above||No|
California residents have the right to request that we disclose to you certain information about our collection and use of your Personal Information over the past 12 months. After we receive and verify your request, we will disclose:
- The categories of Personal Information we collected about you;
- The categories of sources for that Personal Information;
- Our business or commercial purpose for collecting or selling that Personal Information;
- The categories of third parties with whom we share that Personal Information;
- The specific pieces of your Personal Information we have collected; and
- If we sold or disclosed that Personal Information for a business purpose, two separate lists of what was sold and what was disclosed and the categories of Personal Information in each case.
You also have the right to request that we delete your Personal Information from our records and direct any service providers to delete that Personal Information from their records. After we receive and verify your request, we will delete that Personal Information unless a legal exception applies.
Any request to exercise your CCPA rights should be submitted either via email to [email protected] or write us at: 5918 W Courtyard Dr, Austin Texas, 78730. We will not discriminate against you for exercising any of your above rights, including: denying you access to our products and services; charging you a different price to access to our products and services; providing you a different level of service; or suggesting that you may receive a different price or level of service.
20. Contact Us
This website is owned and operated by WIN Reality, LLC. dba WIN.
WIN Legal Department 5918 W Courtyard Dr, Austin Texas, 78730, United States email: : [email protected]