PRIVACY POLICY
This Privacy Policy was last updated on August
11, 2021
1.
Overview
Thank
you for visiting www.RockDaisy.com (this domain and all
pages using such domain, collectively referred to as “Website”) and
reviewing our Privacy Policy, which applies to your visit and use of the Website,
as well as Athlete Management System web app (“App;”
Website and App are collectively referred to as “Services”). This Privacy
Policy applies only to how RockDaisy LLC (“Company” or “we” or “us”) collects
and uses your information, and does not necessarily describe information
collection practices on other sites, services, or 3rd parties,
including those linked to or from the Services.
By
visiting the Website, creating an account on the Website or App, using the App,
or otherwise using our Services, you consent and agree to be bound by this
Privacy Policy and the Cookie Policy available at https://rockdaisy.com/Content/policies/Cookies-Policy.html, whose terms are incorporated by reference. This Privacy
Policy is subject to the Website Terms and Conditions at https://www.rockdaisy.com/Content/policies/Terms-Conditions.html[F.S.1] .
2.
What Type of
Information We Collect.
If
you visit the Website, we may store some of your information on your computer in
the form of a “cookie” or similar file to help us maintain and improve these
Services in many ways. A “cookie” is a small amount of data that is transferred
to your browser by a web server and can only be read by the server that gave it
to you. It functions as an identifier, recording such things as Internet
addresses, session IDs, and preferences. Our Website will request your
permission prior to installing cookies, and will retain your preference to
accept cookies on subsequent visits.
Alternatively,
with most Internet browsers, you can erase cookies from your computer hard
drive, block all cookies, or receive a warning before a cookie is stored. The
“Help” portion of the toolbar on most browsers will tell you how to prevent
your browser from accepting new cookies, how to have the browser notify you
when you receive a new cookie, or how to disable cookies altogether. Please
refer to your browser instructions to learn more about these functions.
Enabling cookies allows you to take full advantage of all the features on the
Services and we recommend that you leave them turned on. If you elect to block
the cookies, we may not be able to provide you with a personalized experience
on our Services.
We
collect other personally identifiable information only as voluntarily provided
by you, such as when you set up an account, make an email inquiry to us, make a
payment, or to provide your shipping information. We do not collect personally
identifiable information, via either the Website or the App, except as explicitly
and voluntarily provided by you.
While Using The App
The functions and Services into the App may prompt or
require you to input accurate personal information, including but not limited
to personally identifiable information and certain health information. The App
stores such information you provide in a cloud server hosted by Amazon Web
Services as contracted by us; we will not collect, use, access, or store this
data input by you, except to the extent necessary to cooperate with authorities
pursuant to applicable law, or to maintain, analyze, or restore technical
functions and issues. The information is stored for your use and access to
facilitate and maximize your use of the App’s features. For more information
about how Amazon Web Services treats your information while stored on its
servers, please visit https://aws.amazon.com/compliance/data-privacy-faq/ and https://aws.amazon.com/privacy/.
Your
input into the Website or App may be stored locally on your device or your
device’s cloud servers and be subject to your device’s privacy policy. We
highly recommend you contact your respective device manufacturer and network
service provider for more information on how those parties may store or use
your information input into your device.
App Input Information
While
using the App, as a natural part of its features, you may input information
about yourself or about others, including with respect to athletics,
performance, health, medical conditions, injuries, rehabilitation programs,
ethnicity, family history, physical attributes (e.g. height, weight, and age),
and other information the user finds useful or relevant while using the App.
All such information that you voluntarily submit into the App is referred to
herein as “App Input Information.”
3.
How We Use
Your Information
The
information collected by us through cookies, if you have opted in to cookies, is
used solely for the purpose of providing the Services available on the Website
and App, such as functionality. If you have made an account with us for use of
the App or any other Services, we collect and store your account information
solely for sign-in and verification purposes. We may contact you by email or
other contact information provided by you solely to respond to inquiries,
provide Services you specifically request, or to verify or assist you in
updating account information. If you voluntarily provide us your personal
information with respect to inquiries, comments, or complaints with respect to
our products or services, we will store and/or use that information solely to
the extent necessary to respond to you and maintain our relationship with you
with respect to your initial correspondence. Your payment information for our
App is not stored by us, and is relayed to third party payment processors
solely for the processing of payment of a purchase. In some circumstances, we
may use your information to protect against fraud, illegal activity, or
violation of our terms of service (including using our discretion to decline
fulfilling order for certain purchasers, as described in the terms of service),
or to meet our other legal obligations, including but not limited to
cooperating with law enforcement authorities as required under applicable law.
The
Company is not responsible or liable for any information you provide to third
parties, whether through the Website, App, mobile device and/or its operating
system, app store, a third-party link or website, social media page, or
otherwise. Upon creating an account, you assume the risk that your password is
safe from interception or hack attempts by any other third party; you are
responsible for ensuring your login information is sufficiently unique and kept
safe from other third parties.
For
inquiries on how your information is collected and used by third parties, you
must visit the privacy policy or send an inquiry to the respective third party.
Except as provided below in Section 4, Third Party Cookies and Data Collection,
or as specifically permitted by you in writing, we do not sell any of your
personally identifiable information for any reason.
Employees and Users Under Contract By
Customer
In
addition to the other uses provided in this Privacy Policy, if you are a user
that is an employee of, or a person under contract by, a customer that has
authorized you to access or use their account or Services, or that has
purchased paid Services for you that you intend to use, we will request and use
your information, including name, email address, employer, phone number, or
other personally identifiable information provided by you solely to verify that
you are the user authorized by the third party customer. No such information
will be shared with the third-party customer other than verification that the
information provided by you matches the credentials provided by the third-party
customer, and in all such cases no verification will be made without your knowledge.
App Input Information
The
use and value of App Input Information increases when such information is
compared to the App Input Information from other users and information from
other people. We may use, combine (with other data, including data from third
party sources), reproduce, publicize, license, distribute, sell, commercialize
and disclose to third parties “Anonymized Information”, which is de-identified
information that has been derived from a user’s App Input Information, and
aggregated with the data of other persons (including data from other users and
third party sources) to minimize the exposure of individual information while
still being useful. We de-identify aggregated Anonymized Information by
removing any personally identifiable information that is directly related to a
particular user (such as name, address and email). We also take reasonable
measures to ensure that such information is non-identifiable, meaning that it
would not be reasonably foreseeable that the information could be utilized,
either alone or with other information readily available, to identify a person
or to connect a person to any particular data, and make efforts to disclose
only the minimum amount of Anonymized Information necessary for the particular
purposes. Finally, we will use contractual means to protect the privacy and
security of Anonymized Information when working with third parties.
By
using the App, you grant us consent to use your App Input Information to create
Anonymized Information and use, sell, license, distribute, and commercialize
such Anonymized Information. You further represent and warrant that you have
the explicit consent of all persons to whom App Input Information may be
attributable to input such information into the App, and that such persons are
aware of the terms of this Privacy Policy
Other
than having the benefit of anticipated improvements to our services, you will
not receive any direct financial or other benefit from our use of Anonymized
Information, including, without limitation, our sale of Anonymized Information
data sets to third parties, and as determined from time to time, other
monetization activities.
4.
Third Party
Cookies and Data Collection
In
addition to the information we collect and use, as provided in Sections 2 and
3, we also permit third parties to install cookies and therefore to collect and
use information. Please visit https://rockdaisy.com/Content/policies/Cookies-Policy.html for information on third party cookies used by the
Services, and how you may opt out of their collection of your data.
5.
Indemnification
You
agree to indemnify, defend and hold harmless the Company and its shareholders,
managers, officers, employees, agents and the assigns of same, from and against
any and all loss, costs, expenses (including reasonable attorneys' fees and
expenses), claims, damages and liabilities related to or associated with your
use of the Services, the information you voluntarily provide, and any violation
of this Privacy Policy by you. You represent and warrant that all information
provided by you is not fraudulent, does not impersonate another person, does
not infringe the intellectual property rights of any other person, does not
violate any law, regulation, rule, or code, and does not give rise to a cause
of action by a third party.
6.
Governing
Law and Jurisdiction
This Privacy
Policy constitutes a contract made under and shall be governed by and construed
in accordance with the laws of the State of New York.
7.
Last Update
We
reserve the right to update this privacy policy at any time. We recommend that
you check this page periodically in order to stay informed of any Privacy
Policy changes. You can determine the date of the last update via the date in
this paragraph.
8.
Contact
Information
Questions or comments regarding the Services, this Privacy Policy, or requests
to opt out of the Services collecting your information, should be sent by email
to info@rockdaisy.com or by U.S. mail to
RockDaisy, LLC
79 Madison Ave
New York, NY 10016