Privacy & Intellectual Property
1. YOUR INFORMATION
Information you provide to us. We collect information that you provide to us when you use our products and services or anytime you are in contact with us. Some types of information you may provide include:
- Registration information that you may be required to provide when you sign up to use our services, including your name, address, telephone number, and email address
- Login information that you use to sign in to our services, such as your username and password
- Demographic information about you, including your age, gender, hobbies, interests, and country of residence
- Payment information that you submit, including your credit card number, expiration date, and credit card security code, where needed to complete a transaction you have initiated
- Messages, photos, videos, drawings, audio recordings and other information shared by you through the interactive features of our products and services
- Correspondence you send directly to us
- Information you provide to us offline (through, for example, regular mail, in-person sweepstakes entry forms, and consumer service transactions such as repairs, part orders and direct purchases)
Information we collect automatically. We collect some information automatically when you use our products and services. Some types of information we collect automatically include:
- Information about your use of our products, services and websites, including your browser type, operating system, platform, IP address, MAC address, language and region
- Information about websites you visited before and after visiting our websites, search queries that landed you on our websites, search queries you conducted on our websites, and pages and advertisements you viewed and links you clicked on while using our websites
- Information about your Foresight device including device serial number, device ID, wireless access point, and other technical information about your device
- Information about your use of our device services and other information about your interactions with our products and services
Information we receive from other sources. We may receive information about you from other sources, including through third-party services and retailers. Some examples of information we may receive from other sources include:
- Navigation data, including websites visited and advertisements viewed or clicked
- Information about consumer service transactions
- Purchase information
Please note that we may add information we receive from other sources to the information we already have about you. We also may combine your information with information about other users, including game play, demographic, search term, clickstream and purchase information, and use this combined information in an aggregated format.
2. COOKIES, WEB BEACONS, LOG FILES AND THIRD PARTY PARTNERS
In order to collect some of the information described above, we may use web beacons, cookies, log files, and similar technologies in some of our products and services, including our emails.
- Web Beacons: We may use web beacons (also referred to as pixel trackers or clear GIFs), which are small graphic images placed on a web page, on a web-based document, or in an email message. Web beacons are designed to collect certain user information and monitor certain user activity. Information collected by web beacons might include your IP address, MAC address, the URL of the page you came from, or your interactions with our website or an email message we send to you. We may use the information collected through web beacons, for example, to determine how to improve certain products and services by identifying popular web pages, services, features, and products; to personalize our products and services; to make recommendations for products and services; and to complete transactions you have requested.
- Log Files: We maintain log files which record activity related to the use of our products and services, such as the number of hits a particular webpage has received, the type and quality of a user’s Internet connection, the type of hardware and/or software used to access a particular service, which features of a service are used and their frequency of use. The entries within these log files may include, for example, your IP addresses, MAC addresses, cookie information, device ID, transactional data, device settings, and download activity. We may use these log files, for example, to monitor traffic on our website, to facilitate use of certain services and to troubleshoot technical problems.
- Third Party Partners: We also may permit our third party partners to set cookies and web beacons and similar technologies on our websites, or within emails sent on our behalf, to help us perform various internal functions necessary to operate our business. These third parties may also use these cookies and web beacons and other technologies to collect information about your visits to our websites and elsewhere on the Internet and may use that information during, or after, your visits to our websites to provide you advertisements across the Internet about goods and services that may be of interest to you. Some of these third parties may offer you a way to opt-out of this type ad targeting through industry choice mechanisms. To learn more about third parties that participate in these choice offering and to exercise choices that may be available to you, you can visit www.networkadvertising.org andwww.aboutads.info.
3. USE OF INFORMATION
We may use your information in order for us, our affiliated companies, or our third party partners, to: (i) fulfill your requests for products, services, and information, including to send you commercial and non-commercial messages and to process orders you have placed; (ii) contact you in connection with our products and services, including for marketing and promotional purposes; (iii) facilitate your use of our products, services and websites; (iv) make recommendations and customize the content, features, and advertising available through our products, services and websites and on other’s websites; (v) set up repair orders and respond to consumer service inquiries; (vi) provide back-end services, including system updates and system messages; (vii) analyze and facilitate the use of our products, services and websites; (viii) conduct demographic studies; (ix) understand, improve, and develop our products, services and websites; (x) prevent potentially illegal or offensive activities; (xi) enforce our rights or the rights of our users; (xii) verify your identity and prevent fraudulent transactions; and (xiii) for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
You may disclose your information to third parties when you use our products and services. We are not responsible for the privacy practices of these third parties, and we recommend that you review their privacy notices before submitting any information to them.
5. ATTENTION PARENTS OR LEGAL GUARDIANS: PROTECTING CHILDREN’S PRIVACY
In accordance with applicable law, we obtain consent from parents for the collection of personal information from their children. You can find information about how we collect, use, and disclose personal information from our users, including children under the age of 13, in the sections above titled YOUR INFORMATION, USE OF INFORMATION, DISCLOSURE OF INFORMATION.
Before responding to your request to review personal information collected from your child, we may require that you follow reasonable procedures to help verify your identity as the child’s parent or legal guardian. We may deny any request that fails to follow these procedures. If you choose to have your child’s personal information deleted, or refuse to permit further collection or use of your child’s personal information, certain features of our products and services may be limited or unavailable.
Foresight is not responsible for the privacy practices of these third parties, and we recommend that you review their privacy notices before your child provides or exchanges any personal information through third-party services or content.
We strongly recommend that you supervise your child’s use of our products and services at all times.
Foresight uses reasonable measures, and has established reasonable safeguards, to help protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
Please note that information collected by third parties may not have the same security protections as information you submit to us or that we collect, and we are not responsible for protecting the security of such information.
If you install unauthorized applications or content on, or make unauthorized modifications to, your Foresight device or its software, your information may be compromised. Foresight is not responsible for any collection, use or disclosure of information from any Foresight device that has been serviced or modified by an unauthorized service provider.
7. INTERNATIONAL USERS
Any information you provide, or that is collected through use of our products, services and websites may be stored, processed, and transferred within, or to, the United States, or any other country in which we or our affiliated companies or third party partners maintain facilities. As a result, it is possible that your information could be accessed by foreign governmental authorities, or otherwise, in accordance with applicable local laws. By using our US based website, or by designating the United States as the region for your Foresight device, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States. We abide by 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 data from the European Economic Area, and Switzerland. For more information about the Safe Harbor program, and to view our certification, visit the U.S. Department of Commerce’s Safe Harbor website.
9. CONTACT US WITH YOUR PRIVACY QUESTIONS, COMMENTS OR CONCERNS
If you have any questions, complaints or comments regarding this Privacy Notice, or any of our privacy practices, please contact Foresight viahttp://www.foresightsports.com/contact-support, via phone at (858) 880–0179, or via regular mail at Foresight Sports, 9965 Carroll Canyon Rd, San Diego, CA 92131.
INTELLECTUAL PROPERTY (IP)
Foresight Sports respects the intellectual property of others, and we ask users of Foresight Sports products and services to do the same.
In accordance with the Digital Millennium Copyright Act (DMCA) in the US, the Electronic Commerce Directive (2000/31/EC) in the EU, and other applicable law, we have adopted a policy of removing, in appropriate circumstances and at our sole discretion, any content that appears to infringe the intellectual property rights of others. We may also at our sole discretion limit access to Foresight Sports products and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that any material on Foresight Sports’ website or within its game products infringes upon any copyright or other intellectual property right which you own or control, or that any link on a Foresight Sports website or product directs users to another web site that contains material that infringes upon any intellectual property right which you own or control, you may file a notification of such infringement with our Designated Agent.
Our Designated Agent may be reached as follows:
Foresight Sports c/o Legal Department, Intellectual Property Policy
9986 Carroll Canyon Rd. San Diego, CA 92131
Telephone Number: (858) 880–0179
E-mail Address: firstname.lastname@example.org
Notifications must include the following:
- A description of the copyright, trademark, patent or other intellectual work which you believe is being infringed. If applicable, please also include information regarding any registrations of these rights or applications to register these rights, including the countries where registered or applied for, and application or registration numbers
- A description of the allegedly infringing material, with information that is reasonably sufficient to enable Foresight Sports to locate the material
- Your contact information, such as your address, telephone number, and email address
- A statement that you have a good faith belief that use of the material is not authorized by the intellectual property owner, its agent, or the law
- A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Your physical or electronic signature