SportUp, Inc.

PRIVACY POLICY

This Privacy Policy was last modified on October 3, 2018

1. Introduction

SportUp, Inc. d/b/a UpMetrics (the “ Company ”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy describes:

This Privacy Policy applies only to information we collect through the Service, or in e-mail, text and other electronic communications in connection with the Service. This Privacy Policy does not apply to the data practices of third parties, including our customers who may have their own Privacy Policy governing their collection of information through the Service.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you agree to the terms and conditions of this Privacy Policy. If you do not agree with our policies and practices, you are not authorized to use the Service and you must not download, register with or otherwise begin or continue accessing or using the Service.

2. Intended Users

The Service is intended primarily for professionals who operate programs and the youth who participate in those programs (“ Users ”). Users may include program staff, teachers, parents, adults, students, and non-student youth.

3. Information You Provide to Us

We collect information about you when you use the Service, which can include information you provide to us when you download, register with or use the Service or otherwise engage with us. The categories of information we collect may include:

4. Information Collected Automatically

When you download, access and use the Service, we may collect certain types of usage information automatically.  This information is typically collected through a variety of tracking technologies, including cookies (or mobile cookies), web beacons, embedded scripts, file information and similar technology, and we may use third party service providers to collect this information. For example, we may collect:

5. How We Use Your Information

We use information that we collect about you or that you provide to us to:

The information we collect automatically through tracking technologies helps us to improve our Service and to deliver a better and more personalized experience by enabling us to:

We do not respond to Web browser “Do Not Track” signals or other mechanisms, because we do not collect Personal Information for the purpose of, or create user profiles for, tracking users’ online activities over time and across third-party Web sites.

6. Disclosure of Your Information

We may share your personal information in the instances described below.  Remember, our Service allows you to connect and interact with others. Your profile information, including your name, photo, and other personal information, may be available publicly to other Users of the Service by default  when you create a profile, interact with others on the Service, and post content to public spaces.

We may share your personal information with:

We may also disclose de-identified or aggregated information and other non-identifying information about our users, without restriction, provided that in all cases such information does not identify any individual.

Our Company does not sell or license your personal information to any third party for their direct marketing purposes. However, we cannot control how our customers and Users you connect with through the Service may use your personal information, including for marketing purposes. If you access or use the Service through one of our customers, please contact the customer directly to learn more about how it uses your information.

7. Accessing and Deleting Your Personal Information

A. Review or Delete Your Information.

You can review and change your personal information by logging into the Service and visiting your Account profile page. You may also send us an email at support@upmetrics.com to request access to, correct, or delete any personal information that you have provided to us, or to delete your 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 not be able to delete information about you that is provided by other Users. If you delete your User Content from the Service , copies of your User Content may remain viewable in cached and archived pages, or might have been copied or stored by other Service users.

If you are a parent or guardian of a Student who uses the Service through a school, program or other Company customer, please refer all questions and requests regarding access, modification, or deletion of your student’s information to the customer. Company shall respond promptly to all access, modification and deletion requests it receives from customers and other Authorized Users of the Service with the authority to control User Content.

B. Access to Your Device Information

You may control the Service’s access to your device information through your “Settings” function on your device. For instance, you can withdraw permission for the Service to access your address book, location, photo stream and camera.

C. How to Control Your Communications Preferences

You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications.  We make every effort to promptly process all unsubscribe requests.  You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).

8. Data Retention

We will retain personal information for as long as needed to provide the Service and for our internal business purposes, which may extend beyond the termination or cancelation of your subscription or user account. For example, we may retain certain data as necessary to prevent fraud or future abuse, for recordkeeping or other legitimate business purposes, or if required by law. We may also retain and use information which has been de-identified or aggregated such that it can no longer reasonably identify a particular individual. All retained information that is personally identifiable will remain subject to the terms of this Privacy Policy.

We may not be able to immediately or completely delete all data in all instances, such as information retained in technical support records, customer service records, backups, and other similar business records. We will not be required to delete any information which has been de-identified or disassociated with personal identifiers such that the remaining information cannot reasonably be used to identify a particular individual.

9. Data Storage

Company is located in the United States. Personal information collected through our Service may be stored and processed in the United States or any other country in which Company or its affiliates or service providers maintain facilities.

10. Change of Control

If Company becomes involved in a merger, acquisition, bankruptcy, change of control, or any form of sale of some or all of its assets, your personal information may be transferred or disclosed in connection with the business transaction. In such an event, Company will make efforts to provide notice before personal information is transferred and becomes subject to a different Privacy Policy. In all instances, we will not transfer Student Data to a new owner or entity unless the recipient has agreed to maintain the information in accordance with this Privacy Policy or unless we first provide our customers and Authorized Users with notice and an opportunity to opt-out of the transfer of Student Data by terminating their accounts and deleting any associated Student Data before the transfer occurs.

11. Data Security

The security of your personal information is very important to us. We have implemented a variety of physical, administrative and technological safeguards designed to preserve the integrity and security of the personal information we collect and to protect against unauthorized access to such information.  These include internal reviews of our data collection, storage, and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.  We restrict access to personal information to Company employees, contractors, and agents who need to know that information in order to operate, develop, or improve our services. Our employees may be subject to disciplinary action, including termination, if they fail to meet privacy and confidentiality obligations. However, no security system is impenetrable—for that reason, we cannot guarantee the security of your personal information. If personal information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and take all steps required by applicable laws and regulations and our agreements with our customers.

At the same time, the safety and security of your data also depends on you. We advise you to take security precautions to protect your information.  For example, although Company encrypts data in transit, we urge you to encrypt data prior to transmitting it to Company.   Where we have given you (or where you have chosen) a password for access to certain parts of our Service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone, and to regularly change your password using best practices on password complexity. We urge you to be careful about giving out information in public areas of the Service like message boards.

12. How Does Company Protect Student Data and Comply With Laws?

Our collection, use and disclosure of Student Data is governed by our Terms of Service and/or any other agreement with our customers, by the provisions of the Family Educational Rights and Privacy Act (“ FERPA ”), the Children’s Online Privacy Protection Act (“ COPPA ”) and other applicable laws that may relate to the collection and use of personal information of students.  If you have any questions about our collection and use of Student Data, please contact us at admin@upmetrics.com . If you have any questions about reviewing, modifying, or deleting the personal information of a student, please contact your school, organization or customer directly.

When we access Student Data through the provision of our Services, the following core principles guide our decisions around data, security, and technology:

FERPA. This Privacy Policy and our Service are designed to meet our responsibilities to protect personal information from the students’ educational records under FERPA when we work with schools or educational institutions. We agree to work with schools to jointly ensure compliance with the FERPA regulations. Education records provided to Company by any education agency remain under the direct control of that education agency. Accordingly, students, parents, and guardians wishing to exercise their rights to access, review, correct, or delete their education records should contact their education agency directly.

COPPA. This Privacy Policy and our Service are designed to comply with COPPA.  We do not knowingly collect personal information from a child under 13 unless and until a school or educational institution has authorized us to collect such information through the provision of the Service on the institution's behalf. We rely on our customers to not permit children under 13 to access and use the Service directly unless an educational institution has the authority to provide appropriate consent and authorization for a student under 13 to use the Service and for Company to collect personal information from such student, as permitted by COPPA.

Students Online Personal Information Protection Act (“SOPIPA”). This Privacy Policy and our Service are designed to comply with SOPIPA. We do not use Student Data for targeted advertising purposes. We do not use collected information to amass a profile of a K-12 student except in furtherance of K-12 school purposes.  We never sell Student Data unless the sale is part of a corporate transaction, such as a merger, acquisition, bankruptcy, or other sale of assets, in which case we make efforts to ensure the successor entity honors the privacy commitments made in this Privacy Policy and/or we will notify you of such a sale and provide you an opportunity to opt-out by deleting your account before the data transfer occurs. We will not sell Students' personal information to third parties other than in the context of a business transaction.

California Assembly Bill 1584 (“AB 1584”).   This Privacy Policy and our Service are designed to comply with AB 1584. Pupil records obtained by the Company from a local educational agency (“ LEA ”) continue to be the property of and under the control of the LEA. Parents, legal guardians, or eligible pupils may review personally identifiable information in the pupil's records and correct erroneous information by contacting their LEA directly. In the event of an unauthorized disclosure of a pupil's records, Company will notify the LEA and will provide the LEA with a report to be shared with the affected parent(s), legal guardians(s) or eligible pupil(s). Pupil records will be deleted and/or de-identified in accordance with our data retention and deletion policies.

13. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. The date the Privacy Policy was last revised is identified at the top of the page. If we change this Privacy Policy in a material manner, we will do our best to notify you of the changes by posting a notice on our website. Your continued use of the Service following the effective date of such update constitutes your acceptance of the revised Privacy Policy. If you do not agree to any of the terms in this Privacy Policy or to any future terms in a future revision of this Privacy Policy, do not use or access (or continue to access) the Service.

We will not make any material changes to our Privacy Policy that would result in Student Data being used in a materially different manner than was disclosed when the information was collected without first giving notice to the applicable customer or Authorized User and providing a choice before such Student Data is used in a materially different manner than was disclosed when the information was collected.

14. Contacting Us

To ask questions or request information about this Privacy Policy and our privacy practices, contact us at support@upmetrics.com or by physical mail to:

SportUp, Inc. d/b/a UpMetrics

300 Brannan Street, Suite 504

San Francisco, CA 94107