Last updated: July 14, 2018
Table of Contents:
1. What information do we collect and for what purpose?
3. Sharing your information.
4. Your choices about your information.
5. How we store and protect your information.
6. Children’s Privacy.
7. Links to other web sites and services.
8. How to contact us.
9. Information security.
1. WHAT INFORMATION DO WE COLLECT AND FOR WHAT PURPOSE?
We collect a variety of personal information about our users so that we can provide our Service. We do our best to be as transparent as possible about our data practices and to provide you choices about how your data is used when possible. The categories of information we collect can include:
A. Registration and profile information collected when you join the Service. We may collect personal information such as a username, first and last name, birth date, phone number, e-mail address, and other contact information when you register for an Upper Hand account, participate in a Upper Hand promotion or contest, or if you correspond with us. We may collect billing information if you sign up for premium services or if you make a payment to an Organization.
Data collected through the use of the Service. After you setup your account, you may be able to provide additional information which may be shared through your public profile, such as your height, weight, photograph and/or video and other biographical or personal information (“Profile Information”), and information about your athletic performance or information relating to your team, league, or organization. This information may be provided by a third party, such as a parent, coach, team manager or Organization, or it may be provided by you directly. We also collect information about how you and your Organization’s use the Service and the data you input.
Information we collect from social networks. We may receive information about you when you interact with our sites through various social media, for example, by logging in through or liking us on Facebook or following us on Twitter. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Upper Hand Service.
Monitoring user activity. We may, at our discretion, monitor the communications that take place on our Service, such as messaging, forums or chat rooms, in order to protect our users and monitor the effectiveness of our Service. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
We use this information to operate, maintain, and provide to you the features of the Service. We may use this information to communicate with you, such as to send you email messages, opt-in text messages, and push notifications and to permit other users of the Service to contact you. You can control your receipt of email and other messaging by visiting the “Settings” page on our website. We may also send you Service-related emails or messages (e.g., account verification, payment confirmations, change or updates to features of the Service, technical and security notices). You may not opt-out of Service-related e-mails. For more information about your communication preferences, see “Your Choices Regarding Your Information” below.
We automatically collect certain types of usage information when you visit our website or use our Service. For instance, when you visit our websites we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information about your browser or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Service. Although we do our best to honor the privacy preferences of our Users, we are not able to respond to Do Not Track signals from your browser at this time, as we believe that there is no consistent industry standard for how to respond to Do Not Track browser settings.
When you access our Service by or through a mobile device, we may receive or collect and store a unique identification number associated with your device (“Device ID”), mobile carrier, device type and manufacturer, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.
When you upload photographs to Upper Hand, those files may contain location information or other metadata. This metadata may be accessible to others if you share content on the Service.
We may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our service.
Third Party Tracking and Online Advertising. We may permit third party ad networks, social media companies, and other third party services to collect information about browsing behavior from visitors to our Service through cookies, social plug-ins, or other tracking technology. We may permit third party online advertising networks to collect information about your use of our websites over time so that they may play or display ads that may be relevant to your interests on our Service as well as on other websites or services. Typically, the information is collected through cookies or similar tracking technologies. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies and how you may opt-out of some of this tracking, you may wish to visit All About Cookies and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). Depending on your mobile device, you may not be able to control tracking technologies through settings. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at email@example.com.
3. SHARING OF YOUR INFORMATION
We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Your Choices About Your Information” section below.
Remember, our Service allows you to connect with others and share information about yourself with other individuals and organizations. Your profile information, including your name, photo, and other personal information, may be available publicly to other members of the Service and may be searchable by search engines which may display certain of your information publicly. Also, remember that Upper Hand provides some of its Services for third parties such as Organizations and tournament organizers. These third parties have their own data collection and use policies that Upper Hand does not control. Please review the privacy policies of any third party organization before sharing your personal information with that organization.
We may also share your personal information with:
A. Other companies owned by or under common ownership at Upper Hand. These companies will use your personal information in the same way as we can under this policy;
Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, billing, payment processing, content or service fulfillment, or providing analytic services;
Business partners who offer a service to you jointly with us;
The public. Any information that you voluntarily disclose for posting to the Service is viewable by other users and the public. You may be able to control some elements of data sharing through your privacy Settings.
Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of a bankruptcy or related or similar proceedings; and
We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.
4. YOUR CHOICES ABOUT YOUR INFORMATION
You control your account information and communications preferences: You may update your account information and communication preferences at any time by logging into your account and changing your account settings. You can also 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. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at firstname.lastname@example.org
Privacy Settings: Subject to your profile and privacy settings, any information that you make public is searchable by other Users and may be accessible via API(s) and viewable on search engines. You may be able to restrict some of this public sharing by visiting your privacy settings on the Service or by limiting the type of data in your profile. Changing your privacy settings will not have any effect on information that was previously shared through the Service. Remember that even if you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information.
How long we keep your Information: Following termination or deactivation of your User account, Upper Hand may retain your profile information for a commercially reasonable time for backup, archival, or audit purposes. Please contact us at privacy@Upper Hand.com if you wish to delete your account. Please be aware that we will not be able to delete any content you have shared with others on the Service or with social media sites. Please also be aware that we may be able to delete data that you provided to the Service, but we may not be able to delete data about you that was provided by another user or by an Organization (for example, if an Organization lists your name and player statistics on a team roster, that will not be deleted). If you are an Organization, we are not able to delete information you provided about other users, such as statistics or records, once that information has been shared with other users on the Service.
5. HOW WE STORE AND PROTECT YOUR INFORMATION
Keeping your information safe: Upper Hand cares about the security of your information, and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through the Service. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, Upper Hand will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
6. CHILDREN’S PRIVACY
Upper Hand does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. While Upper Hand may collect certain information about children under 13 that a parent or Organization provides to our Service, the Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at privacy@Upper Hand.com
7. LINKS TO OTHER WEB SITES AND SERVICES
Our Service may integrate with or contains links to other third party sites and services. We are not responsible for the practices employed by third party websites or services embedded in, linked to, or linked from the Service and your interactions with any third-party website or service are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible for and we do not have any control over any third-parties that you authorize to access your information, including the Organizations you interact with on our Service.
8. HOW TO CONTACT US
Upper Hand is committed to privacy and security. Upper Hand is compliant with the Payment Card Industry Data Security Standard (“PCI DSS”) as a Level 1 service provider. PCI DSS is the bankcard industry’s most stringent security standard. Upper Hand will maintain all applicable PCI DSS requirements to the extent that Upper Hand handles, has access to, or otherwise stores, processes, or transmits customer cardholder data or sensitive authentication data, or manages the customer’s cardholder data environment on behalf of a customer. Examples of Upper Hand’s security measures include: physical, electronic, and procedural safeguards; sophisticated security monitoring tools; documented security policies; use of strong encryption for transmissions of Order Information to and from Upper Hand Customers; restricting access to personally identifiable information; and, periodic security audits by third party security experts.
For further information about this policy, please contact: email@example.com
What is a cookie?
A cookie is a harmless small file of letters and numbers that are placed on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.
What is a web beacon?
Web beacons, such as clear GIFs, web bugs, or pixel tags, are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages and are about the size of the period at the end of this sentence.
How are these technologies used?
We and our authorized third party partners may use device identification, cookies, web beacons, or similar technologies on our site and emails to deliver more relevant advertising to consumers, sometimes called online behavioral advertising.
All of these technologies perform important and useful functions. Namely, they:
- make it possible to provide personalized pages for visitors;
- help advertisers avoid repeatedly serving the same ads to the same visitor;
- help website owners determine which sections of their sites are more appealing;
- help advertisers learn which advertisements are of interest to our customers on the Web; and
- help us track e-mail response rates, measure the success of our marketing campaigns, identify when our e-mails are viewed and track whether our e-mails are forwarded.
What is device identification?
Device Identification is a technology that identifies devices by collecting information from the browser on the device, such as the browser version, operating system, IP address, installed fonts, time zone and more. These pieces of information are used to uniquely identify a device. This process does not use any personal information. The device ID generated through the device identification process may be stored in a cookie.
What is online behavioral advertising?
Online Behavioral Advertising refers to the practice of online advertisers and website operators using information collected through both first and third party cookies for the purpose of building user behavior profiles and for delivering targeted advertising and content to users based on user preferences.
What are the different types of cookies?
First and third-party cookies: whether a cookie is ‘first’ or ‘third’ party refers to the domain placing the cookie. First-party cookies are those set by a website that is being visited by the user at the time (e.g., cookies placed by www.getupperhand.com).
Third-party cookies: are cookies that are set by a domain other than that of the website being visited by the user. If a user visits a website and another entity sets a cookie through that website this would be a third-party cookie.
Persistent cookies: these cookies remain on a user’s device for the period of time specified in the cookie. They are activated each time that the user visits the website that created that particular cookie.
Session cookies: these cookies allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted.
Local Storage Objects (aka Flash Cookies): these cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118
How to delete and block our cookies
Turning off the browser’s cookies will prevent web beacons and cookies from measuring the relevance and effectiveness of our site/emails and advertising as well as the tailored advertising brought to you by our partners. You may also not be able to use all the interactive features of our site/emails if cookies are disabled. Consumers who no longer wish to receive tailored advertisements from us, third party advertising networks or, if you would like more information about this practice please visit www.aboutads.info.
Can I withdraw my consent?
For further information about deleting or blocking cookies, please visit: http://www.aboutcookies.org/Default.aspx?page=2.
What cookies do we use and why?
The cookies used on our site are categorized as follows:
- Strictly necessary
“Strictly Necessary” cookies let you move around the website and use essential features like secure areas and shopping baskets. Without these cookies, services you have asked for cannot be provided. Please note that these cookies do not gather any information about you that could be used for marketing or remembering where you’ve been on the internet.
We use these Strictly Necessary cookies to:
- Remember information you have entered on order forms when you navigate to different pages during a web browser session;
- Remember the goods and services you ordered when you get to the checkout page;
- Identify you as being logged in to our website;
- Make sure you connect to the right service on our website when we make any changes to the way the website works;
- To route users to specific applications of a service, or specific servers.
Accepting these cookies is a condition of using the website, so if you prevent these cookies we can’t guarantee your use of our website or how the security on our website will perform during your visit.
“Performance” cookies collect information about how you use our website (e.g., which pages you visit, and if you experience any errors). These cookies do not collect any information that could identify you and are only used to help us improve how our website works, understand what interests our users, and measure how effective our advertising is.
We use Performance cookies for:
- Web Analytics: To provide statistics on how our website is used;
- Ad Response Rates: To see how effective our advertisements are, including those pointing to our sites;
- Affiliate Tracking: To provide feedback to partners that one of our visitors also visited their website. This can include details of any products purchased;
- Error Management: To help us improve the website by measuring any errors that occur;
- Testing Designs: To test different designs of our website;
- Content Management: To help optimize the delivery of certain media, such as video.
Some of our Performance cookies are managed for us by third parties. Where this is the case, we don’t allow the third party to use the cookies for any purpose other than those listed above.
By using our site, you accept the use of “Performance” cookies. Accepting these cookies is a condition of using the website, so if you prevent them we cannot guarantee how our site will perform for you.
“Functionality” cookies are used to provide services or to remember settings to improve your visit.
We use Functionality cookies to:
- Remember settings you’ve applied, such as layout, text size, preferences, and colors;
- Remember if we’ve already asked you if you want to fill in a survey;
- Show you when you’re logged in to the website;
- Remember volume settings when playing video.
Some of these cookies are managed for us by third parties. Where this is the case, we don’t allow the third party to use the cookies for any purpose other than those listed above.
“Targeting” cookies are linked to services provided by third parties, such as ‘Like’ buttons and ‘Share’ buttons. Third parties provide these services in return for recognizing that you have visited our website.
We use Targeting cookies to:
- Link to social networks like Facebook, that may subsequently use information about your visit to target advertising to you on other websites;
- Provide advertisers, whether directly or through a third party such as a media agency, ad network, or exchange with information on your visit so that they can present you with advertisements in which you may be interested.
- Provide information to third party data aggregators for the purposes of matching, audience research and the creation of audience segments.
You can control whether or not these cookies are used, but preventing them may prevent us from offering you some services or targeted advertising.
The website http://www.networkadvertising.org/optout_nonppii.asp provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including how to “opt-out” of third-party ad networks operated by NAI members.
You also may contact About Ads at http://www.aboutads.info/choices/ for information about opting out of targeted advertising and your choices regarding having information used by About Ads member companies, including how to “opt-out” of third-party ad networks operated by About Ads members.
Opting out of one or more NAI members or About Ad members (many of which will be the same) only means that those members no longer will deliver targeted content or ads to you, but it does not mean you will no longer receive any targeted content or ads on our Sites or other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your opt-out may no longer be effective.
More information about cookies
Useful information about cookies can be found at:
A guide to behavioral advertising and online privacy has been produced by the internet advertising industry which can be found at:
International Chamber of Commerce United Kingdom
Information on the ICC (UK) UK cookie guide can be found on the ICC website section: