Privacy Policy
SeamsUp (or “we”) values your privacy in your personal information and your Content that you store in our Service. This Privacy Policy (“Privacy Policy”) explains what information SeamsUp collects about you, how we collect and use that information and how we handle the content you provide in order to give to you greater tools to understand, control, access, and delete the collection, use and sharing of your Personal Information. This Privacy Policy is incorporated into and made as part of the SeamsUp Terms of Service. Capitalized terms used, but not otherwise defined in this Privacy Policy shall have the meanings provided for those terms in the Terms of Service.
We reserve the right, at any time, and from time to time, to modify, update or revise this Privacy Policy. We will post those revisions to this Privacy Policy to our website and you will have the opportunity to consent to those modifications. You should review this Privacy Policy periodically so that you keep up to date on the most current versions and related practices and procedures. By using the Service and Website, and/or Application, you accept the terms of and consent to this Privacy Policy. This consent provides us with the legal basis to process your personal information. You have the right to withdraw your consent at any time.
Types of information we collect
Throughout your use of our Service, we collect Personal Information about you. The term “Personal Information” means any information about you that makes you identifiable, which includes, but is not limited to the following:
When you open your Account (and through your use of the Service), we collect the following Personal Information:
- Your account login information.
- Your name.
- Your email address.
- Your contact preferences.
- Your passwords and other online identifiers.
- Your credit card information (only if applicable, for example, if you purchase paid services or as is necessary to assist us in determining whether appropriate consents from parents or guardians have been obtained).
- Your telephone numbers.
- Your academic background.
- Your employment background.
- Your athletic and/or sports performance background.
- Your address and zip code.
- Data identifying your location.
- Your birthdate.
Other information, that does not constitute Personal Information, but may, in the course of your use of our Service, be collected, which includes:
- Information concerning your team affiliations, school affiliations, for Coach Users, invitees to your Coach Training Spaces and related demographic or identifying information.
- Behavioral or demographic attributes.
- Your biometric data (including photos).
- Transactional data based on past purchase behavior.
- Data from marketing opt-in lists, consumer surveys or publicly available information.
- Unique Id’s, such as cookies placed on a computer or device.
- Internet Protocol address (“IP Address”) and information derived from IP addresses.
- Information derived from the mobile device being used, such as GPS, and location services,
- Behavioral data regarding your device or website usage, such as advertisements clicked, websites and content areas accessed, search histories and activities logs.
- Any “User Content” that you post, own or control.
Finally, a subset of Personal Information includes information specially designated as “Sensitive Personal Information” requires special handling. We do not ask for or intentionally collect Sensitive Personal Information, but we recognize that we may come into contact with such information, if, for example you provide it to us through your posts, uploads or User Content. To the extent we come across Sensitive Personal Information, we do not use or store it. “Sensitive Personal Information” includes: Your medical condition, political and religious beliefs, and sexual orientation.
Who will collect and process personal information
Decisions regarding collection of Personal Information are made by the “Data Controller”. A “Data Controller” is the person or organization who decides the purposes for which and the way in which Personal Information is collected and processed. A “Data Processor” is a person or organization that processes personal data (including Personal Information) for the Data Controller. Data Processing includes collection, recording, organizing, structuring, storing, adapting, altering, retrieving, using, disclosing, transmitting, disseminating, combining, restricting, erasing or destroying data. Our Data Controller and Data Processor is SeamsUp Inc. You can contact them at SeamsUp Inc., 2499 East Willow Street, Signal Hill, CA 90755 or by email at: privacy@seamsup.com
How we collect personal information
We collect information from you in the following ways:
- Usage Information. Some Personal Information is collected when you provide it to us. For example, when you create an Account, you may provide your name, password, email address, phone number and birthdate, either on your own account or for Parent Users, on behalf of your child/children. You also provide information when you log in to your account or when you fill in forms, submit training applications, when you provide self-tape submissions either to us or a Coach User, when you respond to surveys or provide feedback. We may also ask you to provide us with some additional information that will be publicly visible on our services, such as profile pictures, avatars, a name, or other useful identifying information. You may also provide us with credit or debit card and its associated account information.
- Our Website uses “Cookies” which are text files on your computer that help identify you and collect internet log information and visitor behavior. Cookies allow us, among other things, to measure activity and personalize your experience, and may also allow us to remember your viewing preferences and create statistical reports on website activity. You may choose to set your browser to reject cookies or manually delete individual or all the cookies on your computer. We also provide you the option to accept or reject Cookies when you visit our website. However, if you reject of delete cookies, it may impact your ability to use certain features of our Website. Please see our Cookies Policy.You may learn more about cookies at www.allaboutcookies.org.
- Web Server Logs. Web server logs are activity records created when you visit web pages, such as search terms you enter, device information and identifiers, information about your browser, IP address, cookies on your browser, access times, and pages viewed.
- Web Beacons. Web Beacons are electronic files that allow us to recognize and count users who have visited the Website and can be used in HTML-formatted emails to determine responses and response rates to our communications (for example, by clicking a link in an email).
- Third-Party Data Sources. We may also receive marketing information from third parties that include information collected from online and offline sources. This could include advertisements or application update notices. We may collect information that other users provide about you when they use our services. For example, if another user allows us to collect information from their device phonebook—and you’re one of that user’s contacts—that may be combined with other information we have collected about you.
- Device Information and Location Information.We collect information from and about the devices you use, such as your location, your hardware and software, operating system, device memory, advertising identifiers, unique application identifiers, apps installed, browser type, language, time zone; information from device sensors (such as accelerometers, gyroscopes, compasses, microphones, and wireless and mobile network information, such as mobile phone number, service provider, and signal strength). We may ask for permission to collect images and other information from your device’s camera and photos.
- Social Networking Sites. If you log into your account using shared sign-in services, such as Facebook or Google, you authorize us to access certain information about you from that social networking site, such as your user profile, friend list and profile picture.
How we use personal information we collect
We take your privacy seriously and only use your Personal Information to provide our Services to you, subject to applicable data protection laws.
- Lawful Reason for Collecting Information. The lawful reasons for collecting and processing your information are: (1) because you have entered into a contract for us to supply goods and services to you; (2) we have a legitimate interest in using your information (for example, to provide and improve our services, customer support and show you advertisements we think you’ll find interesting,) but we only rely on this legitimate interest reason when we think our use of your information doesn’t significantly impact your privacy or there is a compelling reason to do so; and (3) to comply with applicable law.
- Uses of Information. You agree that we are entitled to obtain, use, and process the Personal Information and other information you provide to us to enable us to discharge the Services and for other related purposes, including:
- To create your account, provide you with convenient and personalized access to your account, and deliver and support the Service (including through our website and Application).
- Updating and enhancing our records
- Analysis for management purposes
- Carrying out credit checks, background checks and crime and fraud prevention
- Legal and regulatory compliance
- Develop, operate, improve, and enhance the safety or performance of our products and services.
- Send you communications, including by email, such as product announcements and marketing materials for special offers, and software updates
- Respond to your requests for assistance.
- Personalize our Services.
- Provide and improve ad targeting and measurement.
- Enforce our Terms of Service, legal and contractual obligations, and other policies.
- We may analyze your Personal Information to create a profile of your interests and preferences so that we can contact you with products and service information that we think may be of interest to you, to complete or process transactions and to send you confirmations and receipts, to inform you of updates, monitor usage and performance of the Website and Application, and enhance the Website and Application for better user experiences.
- User Content. The Service allows you to supply or post “User Content,” which means communications, videos, images, sounds and all the material, data and information that you upload or transmit through the Service, or that Other Users or Coach Users upload or transmit, including comments you may make about their content. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, copy and/or share your User Content. We have the right (but not the obligation) in our sole discretion to remove any User Content. Once your Account is terminated or your rights to use the Service are terminated, you will not be given any rights to view or access any User Content and there may be no way to delete or retrieve User Content once it has been shared.
How we share information
- With selected Coach Users. We may share your username, name, Bitmoji, avatars, self-tape and related video content, and profile picture and your User Content as well as any additional information you have authorized us to share with selected Coach Users of our Service. How widely your User Content is shared depends on your settings and engagement of any particular Coach User. You control the scope of distribution of your User Content except such general User information that we may share with any User of our Services for purposes illustrated above.
- With other Users. For Coach Users, we may share your User Content with any other User and such content will be treated as Public for purpose of facilitating ease of access to your content by our Other Users. Private Training and Coach Lessons or other Private Content shall not be shared with anyone other than the purchasing User of the private content without the Coach User’s prior consent being given to the User to disseminate or share the same.
- With Our Affiliates. We may share information with other entities within the SeamsUp family of companies.
- With Third Parties. We may share your information with the following third parties:
- With service providers. We may share information about you with our employees, contractors and third-party service providers who have a need to access this information to assist us in providing the Service or who perform services on our behalf.
- With business partners. We may share information about you with business partners that provide services and functionality and these third-parties only use your personal information as we direct them. Our Services may also contain third-party links and search results, include third-party integrations, or offer a co-branded or third-party-branded services. Through these links, third-party integrations, and co-branded or third-party-branded services, you may be providing information (including personal information) directly to the third party, us, or both.
- With third parties as part of a merger or acquisition. If we become involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.
- With third parties for marketing. We may share information about you with third party providers for purposes of cross-marketing or making offers to you of their products or services. We also may use your information to send to you email marketing, direct mail marketing and other marketing of our products and services (and those of our partners), including but not limited to targeted advertising. We may let other companies use cookies, web beacons, and similar technologies on our services to collect information about how you use our Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity. Additionally, some companies, including our affiliates, may use information collected on our services to measure the performance of ads and deliver more relevant ads on behalf of us or other companies. You have the right any time to stop us from contacting you for marketing purposes.
- With Third Parties for Legal Reasons. We may share information about you if we reasonably believe that disclosing the information is needed to (a) comply with any valid legal process, governmental request, or applicable law, rule, or regulation; (b) investigate, remedy, or enforce potential Terms of Service violations; (c) protect the rights, property, and safety of us, our users, or others; (d) detect and resolve any fraud or security concerns; or (e) respond to claims by third parties that your User Content violates their rights. We reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone. We reserve the right to take any and all appropriate legal action, including referral to law enforcement agencies. You waive and hold us and our affiliates, licensees, licensors and service providers harmless from any claims resulting from any action taken by any of them during, or because of investigations or legal process.
You acknowledge and agree that when your information is shared with third parties, we are not responsible for how those third parties collect or use your information. We encourage you to review the privacy policies of every third-party service that you visit or use, including those third parties you interact with through our services.
How we protect your information
We use a combination of technical tools and security procedures to safeguard your information from unauthorized access. Our computer systems utilize industry standard security measures designed to prevent unauthorized access. We also have internal policies in place designed to minimize the risk of unauthorized access to your information. While we follow reasonable procedures within our possession, no security system is perfect, and we cannot promise, and you shall not expect, that your Personal Information will remain secure in all circumstances. Sensitive Personal Information (such as credit card or debit card details) is encrypted and protected with 128 Bit encryption on SSL. Non-sensitive Personal Information are sent normally over the Internet, and this can never be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us and you do so at your own risk. You are responsible for keeping your passwords confidential and not sharing them with anyone.
How long we keep your information
We store your Personal Information until you ask us to delete it or you terminate your Account with us. We store other information for various lengths of time based on how precise it is and which services you use. If you decide to stop using SeamsUp, you can ask us to delete your Account and the Personal Information collected as part of your Account (Please see “Deletion of Account Information” below).
How you can control use of your information
There are many ways that you can exercise control over the collection, processing and use of your information, including the following.
- Right to Consent/Revoke Consent. In some cases, we’ll ask for consent to use your information for specific purposes. Even if you provide consent, you can revoke your consent later. If you let us use your information, you can always change your mind and simply revoke your permission by changing the settings on your device if your device offers those options or by contacting us. You have the right to opt-out of: (1) direct marketing communications; (2) automated decision-making and/or profiling; (3) our collection of sensitive personal information; (4) new processing of your personal data beyond our original purpose; and (5) transfer of your personal information outside of the European Union. Please note that if you opt-out of these, it could impact the usability of our Services.
- Right to Corrections/Inaccuracies. You may contact us to ask us to correct or remove any information that you think is inaccurate.
- Right to Object. You have the right to object to the collection or processing or use of your Personal Information. With many types of data, you can simply delete it if you don’t want us processing it anymore. If there are other types of information you don’t agree with us processing, you can contact us.
- Right to Data Portability. You have the right to download or receive a copy of the Personal Information that you have given us, in a portable format and you have the right to move it to other providers. We may ask you to verify your identity or provide additional information before we let you access or update your Personal Information. We may also limit or restrict access or update your personal information for several reasons, including, for example, that the request risks the privacy of other users or your request is restricted by applicable law. Please note that that SeamsUp is not required to give you access to or copies of any User Content that you submitted.
- Right to be Forgotten/ Deletion of Account Information. In many situations, you have the right to have your Personal Information permanently deleted. Upon termination of your Account, or upon your written request if your Account has not been terminated, we will delete or destroy your Personal Information if you request that in writing. Keep in mind however, that, while our systems are designed to carry out our deletion practices promptly, we cannot promise that deletion will occur within a specific timeframe and the deletion process could occur over several months. Further, there may be legal requirements to store your data and we may need to suspend those deletion practices if we receive valid legal process asking us to preserve content or if otherwise necessary to comply with law or legal process. To the extent that data or information about you does not constitute Personal Information (including, for example, your User Content), it may not be feasible to delete or destroy such data, and in such cases, that data will be made “anonymous” such that the historical information, content, logs and related information is not personally identifiable. Further, please understand that once Personal Information is deleted or destroyed, it cannot be retrieved and if you chose to re-subscribe, you will have to provide the information again. Finally, please understand that any Personal Information that you have shared, posted or made available (such as your User Content), is not within our control and unable to be deleted from sources with which it was shared nor control what the possessor of that information does with it.
- Right to Complain. If you are a citizen of the EU, you have the right to lodge a complaint with the relevant supervisory authority if you feel your Personal Information has been processed in a way that does meet the requirements of the General Data Protection Regulation (GDPR).
- Right to Unsubscribe. If you decide that you do not want to receive commercial emails from us, you can “opt-out” from receiving such emails by clicking the “unsubscribe” link provided at the bottom of every commercial email. Please note that if you choose to “unsubscribe” or “opt -out”, we will still send you email relating to products or services that you purchased from us, any communication you have sent to us or other relationship that you have with us.
- Right to List/Notice to California Residents. Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shares, along with their names and addresses. Whether or not you are a resident of California, if you would like a copy of this notice, please submit a written request to us at the address listed above.
- Contacting Us. To exercise any of these rights or to contact us for any reason regarding your information, you can contact us at the following address or telephone number:
Address: 2499 East Willow Street, Signal Hill, CA 90755
Telephone Number: (213) 222-6160
Email: privacy@seamsup.com
Children
You must be 16 years of age or older to open an Account and use the Service. You may, however, set up an Account for benefit of your child, and create a Child profile (“Child Profile”) to facilitate training sessions on your Child’s behalf; provided that you provide us with a credit card or other proof we reasonably request to comply with the Children’s Online Privacy Protection Act (“COPPA”). All Accounts that you set up must have its own e-mail address however no e-mail addresses are required to be associated with Child Profiles, as the Parent User can manage the Child Profile(s) associated with the Parent User Account. You agree to comply with all mechanisms we put in place intended to facilitate compliance with COPPA or intended to allow us to confirm that a Child Profile is set up with the authority and permission of a parent. If you are the sponsor of a group, you are responsible for complying with COPPA, which includes your obligation to notify parents/guardians of the information to be collected and obtain parent/guardian consent before collecting and sharing with us any Personal Information of children under the age of 13. We will use commercially reasonable efforts to encrypt the Personal Information of children under the age of 16 and take reasonable steps to minimize the risk of such information being downloaded. We reserve the right to terminate any Child Account if we determine that requirements to comply with COPPA have not been satisfied.
International concerns
The Service, Website and Application are hosted in the United States of America. If you reside in a country other than the United States of America with laws governing data collection, use and sharing that may differ from U.S. law and you provide Personal Information with us, please note that any Personal Information that you provide to us may be transferred to the United States of America. By providing your Personal Information, you hereby specifically and expressly agree and consent to such transfer and processing and the collection, use, and sharing set forth in this Privacy Policy or any term of use relating to the use of the Website and Application.
Last updated as of September 04, 2022.