RCX Sports Website Privacy Policy

Privacy Notice for California Residents

Privacy Notice for Canadian Residents

Last Updated: November 1, 2022

1. INTRODUCTION
2. NON-U.S. USERS
3. CHILDREN UNDER THE AGE OF 13
4. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
5. THIRD PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES
6. HOW WE USE YOUR INFORMATION
7. DISCLOSURE OF YOUR INFORMATION
8. CHOICES ABOUT HOW WE USE YOUR INFORMATION
9. ACCESSING AND COLLECTING YOUR INFORMATION
10. NOTICE TO CERTAIN RESIDENTS
11. DATA SECURITY
12. DATA RETENTION
13. TRANSFERRING YOUR PERSONAL INFORMATION
14. CHANGES TO OUR PRIVACY POLICY
15. CONTACT INFORMATION

1. Introduction

RCX Sports LLC (“RCX”, “we”, “our” or “us”) respects your privacy. We know that your privacy is important to you, and we want you to know that it is important to us too. As a result, we are providing this Privacy Policy (“Privacy Policy”) to you.

We operate the website available at www.RCXSports.com (the “Website”). All information collected under this Privacy Policy may be used for the purposes set forth in this Privacy Policy. We collect, use, and/or otherwise process certain Personal Information (defined in Section 4) about you. When we do so we are subject to various laws, including in the United States and Canada.

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the Website or the official RCX pages, posts or accounts on social media platforms (each, a “Social Media Presence”) and our practices for collecting, using, maintaining, protecting and disclosing that information. The Website and each Social Media Presence may be referred to as a “Website” and collectively as the “Websites”. This Privacy Policy is integrated into our Terms of Use (“Terms of Use”), located at rcxsports.com/terms-of-use.

This Privacy Policy applies to information we collect from you, including information we collect:

On the Website;
Through our Social Media Presences;
In email, text and other electronic messages between you and the Website or Social Media Presences; and
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.

This Privacy Policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on a Website.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you must not use the Websites. By accessing or using a Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of any Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

2. Non-U.S. and Non-Canada Users

The Websites are intended for residents of the United States of America (“U.S.”) and Canada only and should not be accessed from outside the U.S. or Canada, or by non-residents of the U.S or Canada.

3. Children Under the Age of 13

The Websites and services are intended for general audiences. We do not knowingly collect, use, or disclose information, including Personal Information (defined in Section 4), from children under the age of thirteen (13) or as otherwise defined by local law without prior parental consent, except as permitted by the Children’s Online Privacy Protection Act or other applicable law.

Some of our services, such as online contests, sweepstakes, and promotions we may run from time to time, may seek information necessary for a child to participate, including the child’s name, date of birth and parent’s email address and contact information to communicate with the parent (as required by applicable law). For these services, children will be required to provide proof of consent from their parent or legal guardian in order to participate. FChildren are not permitted to provide information to us through any of the Websites or services or to share their information with us absent the consent of their parent or legal guardian. We will not use parent emails provided for parental consent purposes to market to the parent, unless the parent has expressly opted-in to email marketing or has separately participated in an activity that allows for such email contact.

If, at any time, a parent or legal guardian becomes aware that their child has provided us with information without their consent or wishes to withdraw their consent to our use or maintenance of information collected from their child, the parent or guardian should contact us at privacy@rcxsports.com and we will promptly remove such information from our database(s). Please note that we may request proof of identity and relationship to the child before doing so.

If you have any comments or questions on policies related to children’s data or about our commitment to protecting your and your children’s privacy, please contact us at privacy@rcxsports.com or by mail at the address below.

California residents under 16 years of age may have additional rights regarding the collection and sale of their Personal Information. Please see the “Notice to Certain Residents” section below for more information.

4. Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Websites, including information:

By which you or others may be personally identified, such as name, birth date, height/weight, postal address, city and state of residence, shipping and billing addresses, e-mail address, telephone number, credit card number, football league, club or school affiliations, and any other identifier by which you or others may be contacted online or offline (“Personal Information”).
That may be considered sensitive, such as Social security number, driver’s license number, state identification or passport number, account log-ins, financial accounts, debit or credit card number in combination with a security or access code, password, or other credentials, precise geo-location, racial or ethnic origin, biometric data, mental or physical health diaignosis, or personal data from a known child (“Sensitive Data”).
That is about you or relates to you but individually does not itself identify you, such as information about your internet connection, the equipment you use to access our Websites, and Website usage and activity details.

We collect this information:

Directly from you when you provide it to us.
Automatically as you navigate through the Website(s). Information collected automatically may include, for example, usage or activity details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies. For more information on our use of cookies, web beacons, and other tracking technologies, please see below.

Notice Concerning Sensitive Data

We may collect sensitive data about you or your household. We take specific business practices to limit the use and disclosure of sensitive personal data, such as:

- - Just-in-time notices at the collection of sensitive data
  - Requiring your express consent for the collection of sensitive data
  - Aggregating and/or de-identifying the sensitive data.

You may direct us to limit the use of this sensitive data to only purposes necessary to perform the service or provide the goods that you request from us, with the exception of the following:

- - Collection or processing of sensitive personal data for security purposes;
  - Maintaining/servicing accounts; and
  - Undertaking activities to verify/maintain the quality of a service

You may direct us to limit the use of sensitive data by emailing us at privacy@rcxsports.com.

Information You Provide to Us

The information we collect on or through our Websites may include:

- - Information that you provide by filling in forms on, or submitting documents through, our Websites. This includes information provided at the time of registering to use a Website or making a transaction on a Website. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with a Website;
  - Payment and transaction information including credit or bank card information;
  - Preferences for communications, shopping, and products;
  - Account information and log in credentials, including unique identifiers such as username and password;
  - Records and copies of your correspondence (including email addresses), if you contact us;
  - Details of transactions you carry out through a Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through a Website;
  - Your search queries on a Website;
  - Information you provide to be published or displayed (hereinafter, “posted”) on public areas of the Websites, or transmitted to other users of the Websites or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Websites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons;
  - Access to your geo-location or to other data held on social media platforms and other software (for example, access to your contacts, calendar or photos);
  - Photos and/or videos; and
  - Additional information as otherwise described to you at the point of collection or pursuant to your consent.

Information We Automatically Collect

As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

- - Details of your visits to our Websites, including traffic data, location data, logs and other communication data and the resources that you access and use on a Website;
  - IP address, which is the number associated with the service through which you access the Internet, like your ISP (Internet service provider), or your company;
  - Date and time of your visit or use of our Websites;
  - Domain server from which you are using our Websites;
  - Type of computer, web browsers, search engine used, operating system, or platform you use;
  - Data identifying the web pages you visited prior to and after visiting our Websites or use of our Websites;
  - Your movement and activity within the Websites and services, which is aggregated with other information;
  - Geo-location information;
  - Mobile device information, if applicable, including the type of device you use, operating system version, and the device identifier (or “UDID”); and
  - Mobile application identification and behavior, use, and aggregated usage, performance data, and where the application was downloaded from, if applicable.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. We do not currently take action in response to those signals. If an industry standard on responding to such signals is established and accepted, we may reassess how to respond to those signals.

The information we collect automatically may include Personal Information or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve the Websites and to deliver a better and more personalized service, including by enabling us to:

- - Estimate our audience size and usage patterns.
  - Store information about your preferences, allowing us to customize our Websites according to your individual interests.
  - Speed up your searches.
  - Recognize you when you return to our Websites.

The technologies we use for this automatic data collection may include:

- - Cookies (or browser cookies). We, along with third-party partners, may use cookies. Cookies are small text files that websites and other online services use to store information about users on the users’ own computers. For example, cookies can be used to store your sign-in credentials so that you do not have to enter them each time you return to a website. Cookies also may be used to store a unique identification number tied to your computer so that a website can recognize you as the same user across different visits to the website. You can configure your internet browser to warn you each time a cookie is being sent or to refuse cookies completely. Cookies might be used for the following purposes: (1) to enable certain functions; (2) to provide analytics; (3) to store your preferences; and (4) to enable ad delivery and behavioral advertising.
    - You may learn more about cookies and how to opt out of them by visiting the following third party websites:
      - org: http://www.allaboutcookies.org/
      - Direct Marketing Association: http://www.aboutads.info/choices/
      - Network Advertising Initiative: http://www.networkadvertising.org/choices/
    - Flash Cookies and Other Local Storage. We, along with third-party partners, may use other kinds of local storage, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage, in connection with the Websites. These technologies are similar to the cookies discussed above in that they are stored on your computer and can be used to store certain information about your activities and preferences. These objects are stored in different parts of your computer from ordinary browser cookies, however. Many internet browsers allow you to disable HTML5 local storage or delete information contained in HTML5 local storage using browser controls.
    - Web Beacons. We, along with our third-party partners, may also use technologies called web beacons that communicate information from your internet browser to a web server. Web beacons can be embedded in web pages, videos, or emails, and can allow a web server to read certain types of information from your browser, check whether you have viewed a particular web page or email message, and determine, among other things, the time and date on which you viewed the web beacon, the IP address of your computer, and the URL of the web page from which the web beacon was viewed. We and our partners use web beacons for a variety of purposes, including analyzing the use of the Websites and in conjunction with cookies to provide content that is more relevant to you.

Information We May Receive From Third Parties

We may collect additional information, including Personal Information, about you from third party websites, social media platforms, such as, but not limited, to Facebook, Twitter, Instagram, SnapChat (“Social Media Platforms”), and/or sources providing publicly-available information (e.g., from the U.S. postal service) to help us provide services to you, help prevent fraud, and for marketing and advertising purposes.

Information we may access about you, with your consent, may include, but is not limited to, your basic Social Media Platform information (e.g., name, username, email address, profile picture), your location data, your list of contacts, friends or followers and certain information about your activities on the Social Media Platform. Please keep in mind that when you provide information to us on a third party website or platform (for example, via our applications), the information you provide may be separately collected by the third party website or the Social Media Platform.

The information we collect is covered by this Privacy Policy, and the information the third-party website or Social Media Platform collects is subject to the third party website or platform’s privacy practices. We encourage you to be aware when you leave our Websites and to read the privacy policies of other sites that may collect your information.

Canadian Right to Opt-Out

If you are a resident of Canada, you have the option to opt-out of our use of cookies, and geolocation and IP address tracking. If you would like to opt out of this data processing, contact us at privacy@rcxsports.com.

5. Third-Party Use of Cookies and Other Tracking Technologies

We may partner with third parties such as ad networks and other advertising companies to display advertising on our Website and manage our advertising on other websites. Some content or applications, including advertisements, on the Websites are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. This information may also be used to evaluate the effectiveness of our online advertising campaigns.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

If you are a resident of California, Virginia, Colorado, Connecticut, or Utah, you have the right to opt out of our use of your Personal Information for the purpose of serving you interest-based ads. Residents of these states may opt-out by (1) clicking the following link: Interest Based Ads Opt Out and following the instructions or (2) emailing us at privacy@rcxsports.com.

To successfully opt out, you must have cookies enabled in your web browser (see your browser’s instructions for information on cookies and how to enable them). Your opt-out only applies to the web browser you use so you must opt-out of each web browser on each computer you use. Once you opt out, if you delete your browser’s saved cookies, you will need to opt-out again. Please note this does not opt you out of being served advertisements. You will continue to receive generic advertisements from us, but the ads will not be targeted based on behavioral information about you and may therefore be less relevant to you and your interests.

We may also partner with third-party service providers to engage in “profiling” which is defined in the VCPA, CPA, and CPDPA as “any form of automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable natural person’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.” Residents of Virginia, Colorado, and Connecticut may opt out of processing of your Personal Information for purposes of profiling by emailing us at privacy@rcxsports.com.

6. How We Use Your Information

We may use information that we collect about you or that you provide to us, including any Personal Information:

To administer, operate, market, and maintain RCX’s products and services (including youth sports experiences).
To market RCX products or services;
To present our Websites and its contents to you;
To provide you with the Websites, and related products, promotions, newsletters, contests, sweepstakes, games, and information you request;
To respond to your inquiries and provide you with requested information and other communications, including by email or text messages, and including alerts, notification of promotions, contests, and events;
For general or targeted marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, provided that you have not already opted-out of receiving such communications;
To manage, improve and foster relationships with third-party service providers, including vendors, suppliers, and parents, affiliates, subsidiaries, and business partners;
To maintain, improve, customize, or administer the Websites, perform business analyses, or other internal purposes to improve the quality of our business, the Websites, resolve technical problems, or improve security or develop other products and services;
To comply with our Terms of Use;
To comply with any applicable laws and regulations and respond to lawful requests;
To fulfill any other purpose for which you provide it;
To provide you with notices about your account;
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
To notify you about changes to our Websites or any products or services we offer or provide though it;
To allow you to participate in interactive features on our Websites;
In any other way we may describe when you provide the information; and
For any other purpose with your consent.

Promotional Communications

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. We have a legitimate interest in processing your Personal Information for promotional purposes (see above “How We Use Your Personal Information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, such as for Canadian residents, we will ask for this consent separately and clearly. You have the right to opt out of receiving promotional communications at any time by contacting us at privacy@rcxsports.com or using the “unsubscribe” link in emails.

From time to time, we may ask you to confirm or update your marketing preferences if you instruct us to provide further products and/or services in the future, or if there are changes in the law, regulation, or the structure of our business.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

7. Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose Personal Information that we collect or you provide as described in this Privacy Policy:

Affiliates. To our subsidiaries and other affiliates – companies that control, are controlled by, or are under common control with, us. These entities may use your information to make predictions about your interests and may provide you with special offers, promotional materials, advertisements and other materials.
Partners. To partners who provide products or services that may be of interest to you, including: (i) educational products and services (e.g., colleges, student loans, financial aid, college admissions and tutorial services, and extra-curricular enrichment and recognition programs); (ii) career, employment, and military opportunities; (iii) athletic apparel and equipment companies; (iv) recruiting services; (v) sports related activities; and (vi) other relevant products and services. These partners may use your information to make predictions about your interests and may provide you with special offers, promotional materials, advertisements and other materials.
Service Providers. To contractors, service providers, and other third parties we use to support our business, including companies that provide payment processing, shipping, web analytics, data processing, web hosting, technical support, advertising, email distribution and other services.
Buyers and Successors. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of RCX’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by RCX about our Websites’ users is among the assets transferred.
Advertisers. To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see the “Choices About How We Use and Disclose Your Information” section below.
Other. To fulfill the purpose for which you provide it or for any other purpose disclosed by us when you provide the information or with your consent.

We may also disclose your Personal Information:

To comply with any court order, law or legal process, including to respond to any government or regulatory request;
To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes;
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of RCX or our customers and other users;
To provide, support, personalize, and develop our Websites, products, and services;
To create, maintain, customize, secure and provide you with notices about your account with us;
To provide you with information, products, or services that you request from us;
To process your requests, purchases, transactions, and payments and prevent transactional fraud;
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Websites, third-party sites, and via email or text message (with your consent, where required by law);
To help maintain the safety, security, and integrity of our Websites, products and services, databases and other technology assets, and business;
For testing, research, analysis, and product development, including to develop and improve our Websites, products, and services;
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Websites’ users is among the assets transferred;
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
To notify you about changes to our Websites or any products or services we offer or provide though it;
To allow you to participate in interactive features on our Websites; and
For any other purpose with your consent.

In the preceding 12 months, we have not sold your Personal Information to third parties.

8. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. There are certain mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Promotional Offers from RCX. If you do not wish to have your Personal Information submitted through the Websites that is used by RCX to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to privacy@rcxsports.com or using the “unsubscribe” feature in our promotional emails. This opt out does not apply to our use of information for purposes that are primarily transactional or relationship, rather than primarily promotional, in nature.
Targeted Advertising. In some cases, we and advertisers on the Websites work with other third-party vendors to help deliver advertisements targeted to your interests. These vendors include ad networks and analytics providers, and they use cookies or other technologies to collect information about your online activity (e.g., the sites and pages you have visited) in order to help advertisers deliver particular ads that they believe you would find most relevant. Many third-party vendors that perform these functions are members of the Network Advertising Initiative or the Digital Advertising Alliance, and you can opt out of those vendors’ delivery of targeted advertising to you by visiting the following third party websites:
- http://www.networkadvertising.org/managing/opt_out.asp
- http://www.aboutads.info/choices/.

Please note that, because these opt-out tools will place a cookie on your computer to record your opt-out preference, any actions you take using these tools will apply only to the web browser that you use to take the action. Also, these tools may not work as expected if you set your browser to refuse cookies. Sometimes, our advertisers will contract with a third-party service to host their ads. In this case, an ad- serving vendor contacts the advertisers’ hosting service to obtain a particular advertisement. Because we do not have a relationship with these third parties, we do not have a mechanism to allow visitors to opt out of tracking by these vendors.

Opt-Out Processing Time. Please understand that it may take us some time to process any opt out request and that even if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us. Also, to stop receiving promotional messages from third parties who already have your contact information, please contact them directly.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Canada, California, Connecticut, Virginia, Colorado, Utah and Nevada residents may have additional Personal Information rights and choices. Please see the “Notice to Certain Residents” section below for more information.

9. Accessing and Correcting Your Information

You can review and change certain Personal Information collected through the Website by logging into the Website and visiting your account profile page.

You may also send us an email at privacy@rcxsports.com to request access to, correct or delete any Personal Information that you have provided to us, which we will comply with to the extent required by applicable laws. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the Personal Information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the Personal Information that we hold about you, or we may have destroyed, erased, or made your Personal Information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your Personal Information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

We will provide access to your Personal Information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include:

Information protected by attorney-client privilege;
Information that is part of a formal dispute resolution process;
Information that is about another individual that would reveal their Personal Information or confidential commercial information; and
Information that is prohibitively expensive to provide.

If you delete your User Contributions from a Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on a Website, including User Contributions, is governed by our Terms of Use.

Where you have provided your consent to the collection, use, and transfer of your Personal Information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us as described below. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

Residents of certain jurisdictions, such as California, Canada, Virginia, Colorado, Connecticut, Utah, and Nevada may have additional Personal Information rights and choices. Please see the “Notice to Certain Residents” section below for more information.

10. Notice to Certain Residents

If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. To learn more about your California privacy rights, please review our Privacy Notice for California Residents located at rcxsports.com/privacy-california-residents.

California’s “Shine the Light” law (Civil Code Section § 1798.83) 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 privacy@rcxsports.com.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: privacy@rcxsports.com.

If you are a resident of Canada, you have additional rights regarding our use of your Personal Information. To learn more about these rights, please review our Privacy Notice for Canadian Residents located at rcxsports.com/canadian-privacy-policy.

If you are a resident of the states of Virginia, Colorado, Utah, or Connecticut, your state may have provided you with additional rights regarding our use of your Personal Information. Sections 10.1 through Section 10.6 apply solely to visitors, users, and others who reside in the states of Virginia, Colorado, Utah and/or Connecticut:

10.1 The Right to Know / Confirm & Right to Access

You have the right to know/confirm whether we are processing your personal data and access any personal data we have processed, including:

- The categories of Personal Information we have collected about you
- The categories of sources from which the Personal Information was collected
- Our business or commercial purpose for collecting, selling, or sharing Personal Information
- The categories of third parties with whom we sell or share Personal Information, if any; and
- The specific pieces of information we have collected about you

You also have the right to obtain a copy of the Personal Information you have provided to us in a portable, readily usable format that can be easily transferred to a third party.

Please note that we are not required to:

- Retain any Personal Information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
- Re-identify, de-aggregate, or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Personal Information; or
- Provide the Personal Information to you more than twice in a 12-month period.

10.2 The Right to Delete or Correct

You have the right to delete or correct the information we have retained about you. Subject to certain exceptions, on receipt of a verifiable request from you, we will:

- Delete your Personal Information from our records;
- Direct any service providers to delete your Personal Information from their records; and
- Correct any inaccuracies in your Personal Information.

Your request to know or delete may be denied for any reason allowable under applicable state privacy law. For example, we may deny your request to delete if the Personal Information is necessary for us or a service provider to complete the transaction for which we collected the Personal Information, comply with a legal obligation, or make other internal or lawful uses of that information that are compatible with the context in which you provided.

10.3 The Right to Opt-Out

You have the right to opt-out of the following uses of your Personal Information:

- Targeted (behavioral) advertising, or sharing of personal data, as described in the Privacy Policy at “Third-Party Use of Cookies and Other Tracking Technologies”
- Sale of personal data, as described in the Privacy Policy “Disclosure of Your Information.”

Additionally, residents of Virginia, Connecticut, and Colorado may opt out of our processing of Personal Information for the purposes of profiling, as described in the Privacy Policy at “Third-Party Use of Cookies and Other Tracking Technologies.”

We will act upon your request to opt-out no later than 15 days from the date we received the request. Note that we may deny a request to opt-out if we have a good-faith, reasonable, and documented belief that the request is fraudulent or for any other reason allowable under applicable state privacy law. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back in to Personal Information sales at any time by clicking the following link: Personal Information Opt-in and following the instructions

10.4 The Right to Non-Discriminatory Treatment

You have the right to not be discriminated against by us because you exercised any of your rights under the applicable state privacy law. This means we cannot, among other things:

- Deny goods or services to you;
- Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
- Provide a different level or quality of goods or services to you; or
- Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

10.5 The Right to Limit Use of Sensitive Information

You have the right to limit our use of your Sensitive Data to only purposes necessary to perform the service or provide the goods that you request from use, with the exception of the following:

- Collection or processing of sensitive personal data for security purposes;
- Maintaining/servicing accounts; and
- Undertaking activities to verify/maintain the quality of a service

10.6 How to Exercise Your Rights

It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes. If you are a resident of California, Virginia, Colorado, Utah, Connecticut, or Nevada, you may exercise the rights described above, subject to limited exceptions under applicable law.

If you or an authorized representative want to review, verify, correct, or withdraw consent to the use of your Personal Information you may send us an email at privacy@rcxsports.com to request access to, correct, or delete any Personal Information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the Personal Information that we hold about you or make your requested changes. Any Personal Information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification. To verify a request, you will need to provide:

- Enough information to identify you;
- Proof of your identity and address; and
- A description of what right you want to exercise and the information to which your request relates.
- If your request is submitted on your behalf by an authorized representative, you may also have to provide a copy of the written authorization contract.

If we are unable to verify your request, we may deny the request or ask you for additional information that is reasonably necessary to authenticate your identity in connection with the consumer request.

Once submitted, you will receive an email within 10 days that we will use to verify your identity and provide confirmation of your request. We will respond to your request to know or delete or correct within 30 days from the day we receive the request. If necessary, we may extend the time period to a maximum of 30 additional days from the day we receive the request. In such case, you will receive an email notifying you of the extension and explaining the reason for the extension. Any disclosure in response to a request to know will cover the 12 month period preceding the business’s receipt of the request and will be delivered in a readily useable format, by mail or electronically at the consumer’s option.

Applicable law may allow or require us to refuse to provide you with access to some or all of the Personal Information that we hold about you, or we may have destroyed, erased, or made your Personal Information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your Personal Information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

If you are a resident of Virginia, Colorado, or Connecticut, you also have the right to appeal our decision if we deny your consumer request. If we deny your consumer request, you can send an email to privacy@rcxsports.com requesting an appeal of the denial. Within 45 days of receipt of your appeal, we will inform you of the action we took or did not take in response to your appeal. We may extend the 45-day period by an additional 15 days where reasonably necessary and inform you of the delay and the reasons for the delay. If your appeal is denied, we will provide you with an online mechanism to contact the Attorney General to submit a complaint in your respective state.

We will provide access to your Personal Information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include:

- Information that is aggregated or de-identified.
- Information that is part of a formal dispute resolution process.
- Information that is about another individual that would reveal their Personal Information or confidential commercial information.
- Information that is prohibitively expensive to provide.

If you are concerned about our response or would like to correct the information provided, you may contact our Privacy Officer at privacy@rcxsports.com

11. Data Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure, which we may change from time to time.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we have implemented reasonable safeguards and endeavor to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Websites. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites. You should assume that no data transmitted over the Internet or stored or maintained by us or our third party service providers can be 100% secure. Therefore, although we believe the measures implemented by us reduce the likelihood of security problems to a level appropriate to the type of data involved, we do not promise or guarantee, and you should not expect, that your Personal Information other information, or private communications will always remain private or secure. We do not guarantee that your information including Personal Information will not be misused by third parties. We are not responsible for the circumvention of any privacy settings or security features. You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your information, including Personal Information.

If you believe that your information has been accessed or acquired by an unauthorized person, you shall promptly contact us so that necessary measures can quickly be taken.

12. Data Retention

Except as otherwise permitted or required by applicable law or regulation, we will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances, we may anonymize your Personal Information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

In accordance with our routine record keeping, we may delete certain records that contain your information, including Personal Information, you have submitted to us. We are under no obligation to store such information indefinitely and disclaim any liability arising out of, or related to, the destruction of such information.

13. Transferring Your Personal Information

We may transfer Personal Information that we collect or that you provide as described in this Privacy Policy to contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website improvement and optimization) and who are contractually obligated to keep Personal Information confidential, use it only for the purposes for which we disclose it to them, and to process the Personal Information with the same standards set out in this Privacy Policy.

We may process, store, and transfer your Personal Information in and to a foreign country, with different privacy laws. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your Personal Information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this Privacy Policy and applicable state privacy legislation.

This Website is hosted in the United States. This Website may function in countries other than the United States. If you use the Website from outside the United States and submit your Personal Information or engage with the Website, you explicitly consent to the transfer, storage, or processing of your Personal Information in a country other than the United States where laws regarding processing of Personal Information may differ from the laws of other countries. You are responsible for compliance with the laws of the jurisdiction in which you choose to use the Website.

You are welcome to contact us to obtain further information about RCX policies regarding service providers outside of Canada. See “Contact Information” below.

By submitting your Personal Information or engaging with the Website, you consent to this transfer, storage, or processing.

14. Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ information, including Personal Information, we will notify you by email to the primary email address specified in your account (if applicable) and/or through a notice on the Websites’ home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this Privacy Policy to check for any changes.

15. Contact Information

We welcome your questions, comments, and requests regarding this Privacy Policy and our privacy practices. Please contact us at:

Email: privacy@rcxsports.com
Mailing Address:

RCX Sports LLC
250 Hembree Park Drive, Suite 100
Roswell, GA 30076

We have procedures in place to receive and respond to complaints or inquiries about our handling of information, including Personal Information, our compliance with this Privacy Policy, and with applicable privacy laws. To discuss our compliance with this Privacy Policy please contact us using the contact information listed above.