PRIVACY POLICY

Last Updated and Effective as of: February 27, 2018

Monsterful Partners, Inc. (“Monsterful”, “we”, “our” or “us”) has created this privacy policy in order to demonstrate our firm commitment to privacy.  Because we gather certain types of information about our Visitors (as defined below), we feel you should fully understand our policies surrounding the collection and use of that information.  This privacy policy discloses what information we collect from Visitors and how we use it.

Monsterful offers the web site located at http://goMonsterful.com (the “Web site”), proprietary virtual reality experience technology (the “Product”), Rhino (our desktop and mobile web applications which provide facility management tools and allows users to engage with our Products) (“Rhino Apps”) as well as other related technology, products and services which we may provide to you (the foregoing are collectively referred to as the “Services”).  Monsterful collects and uses information from individuals who visit or use the Services (“Visitors”) in accordance with this privacy policy. By using or accessing the Service, you signify your agreement to be bound by this privacy policy and our terms and conditions and represent and warrant that you (i) are located inside the U.S., or (ii) are located outside the European Union and agree to be bound by U.S. laws. Use of and access to the Service is void where prohibited. If you do not agree to this privacy policy, please do not access or otherwise use the Service.

FOR PARENTS OF CHILDREN UNDER THE AGE OF 18, PLEASE SEE THE SECTION ENTITLED “CHILDREN” BELOW WHICH EXPLAINS OUR COLLECTION, USE AND DISCLOSURE OF YOUR CHILD’S PERSONAL INFORMATION AS WELL AS ADDITIONAL RIGHTS THAT YOU HAVE WITH RESPECT TO SUCH INFORMATION.

1. INFORMATION COLLECTED

Visitors may provide personal information through optional, voluntary submissions.  These are voluntary submissions such as contacting us or our customer service department via e-mail, participating in our message boards or forums, e-mails to a friend, submissions to receive our electronic newsletters, registering on our Web site, placing orders, creating an account, participating in a virtual reality experience through our Products or Rhino Apps, as well as in polls, surveys and sweepstakes.  “Personal Information” that you provide may include your name, email address, phone number, mailing address, payment information, date of birth, age and other identifying information you provide (“Personal Information”). If the Visitor of our Products or Rhino Apps is known to be a minor we will also request the name and contact information of the minor’s parents. We may also combine information you give us with other information we obtain from Monsterful sources, transactions and communications.  This may include, but is not limited to, data from online marketing and direct mail.  We may also combine this information with data that is publicly available and from other data we receive from reputable sources.  This may include, but is not limited to, postal address updates and demographic data.  All data combined and stored with Personal Information is treated as Personal Information in accordance with this privacy policy.

(a) Product Registration and Account Maintenance

           
Prospective users of our Products and Rhino Apps will be asked to establish individual accounts and agree to the terms of a Waiver and Consent Form prior to engaging with the Products and Rhino Apps. If we know that the prospective user of our Products and Rhino Apps is a minor, the name and contact information of the minor’s parents are requested for the purpose of obtaining parental consent to participate. When you create an account, you will be asked to provide certain demographic and contact information as well as sports related information including, but not limited to, equipment preferences, sizes, preferred field position(s), hand dominance, skill assessments, training preferences and performance goals (“Sports Related Information”).

            (b) Polling

            We may offer interactive polls to Visitors including without limitation for the purpose of allowing Visitors to share their opinions with other Visitors, to see what our audience thinks about important issues, or to collect information on Visitors’ sportswear and equipment product preferences, sizes, last date of purchase and other information that may be of interest to us.  Opinions or other responses to polls are aggregated and are not identifiable to any particular user.  Monsterful may use a system to “tag” Visitors after they have voted, so they can vote only once on a particular question.  This tag is not correlated with Personal Information about individual Visitors.

            (c) Surveys

            From time to time, we may post optional surveys in which we ask Visitors for contact information (like their email address) and demographic information (like their zip code, age, or income level). This allows us to better target our content to our audience. We use the information collected from our surveys to send the Visitor information about our products and services and for the purposes set forth in this privacy policy.  The Visitor’s contact information is also used to contact the Visitor when necessary.  Visitors may opt-out of receiving future marketing mailings; see the choice/opt-out section below.  Demographic and profile data is also collected at our Web site.  We use this data to tailor a Visitor’s experience at our Web site, showing them content that we think they might be interested in, and displaying the content according to their preferences.  The choice is yours – you do not have to answer surveys.  If you decide to participate in a survey, please note that we will use reasonable efforts to mark the fields that are required to complete the survey with an asterisk (*) so you know the unmarked fields are optional and you can skip them if you want.  We sometimes share the aggregated demographic information in these surveys with our sponsors, advertisers and partners.

            (d) Contests and Sweepstakes

            Once in a while, we may run contests, sweepstakes and other promotions (“Promotions”) through the Service in which we ask Visitors for contact information (like their email address) and demographic information (like their zip code, age, or income level). Sometimes a Visitor may be asked to fill out a brief survey in exchange for allowing such Visitor to participate in the Promotion.   If you decide to participate in a Promotion, we will mark the fields that are required to participate with an asterisk (*) so you know the unmarked fields are optional and you can skip them if you want.  We use the information collected from our Promotions to send Visitors information about our company and for the purposes set forth in this privacy policy.  The Visitor’s contact information is also used to contact the Visitor when necessary and to notify you if you are a winner.  Visitors may opt-out of receiving future marketing mailings; see the choice/opt-out section below.  Demographic and profile data is also collected at our Web site.  We use this data to tailor our visitor’s experience at our Web site, showing them content that we think they might be interested in, and displaying the content according to their preferences.  Any sweepstakes and other contests will be subject to special rules which will be identified on this Web site.

            (e) Other Information

            Other types of information described below allow us to operate and improve the Services, better tailor our content and the Services to our Visitors’ needs, and help our advertisers and sponsors better understand the demographics of our audience.

                         (1) Navigational Information

                        As you navigate or use the Web site or Rhino Apps, Monsterful may also collect information about the usage of the Web site, and Rhino Apps through the use of commonly used information-gathering tools, such as cookies and web beacons and similar technologies (including technologies that work on mobile devices) (“Navigational Information”).  Navigational Information includes standard information from your web browser (such as browser and device type and browser language), device identifier, your Internet Protocol (“IP”) address, operating system, mobile network information, the actions you take on the Web site, and Rhino Apps (such as the pages viewed and the links clicked), the referring pages and similar data.

                        (2) Tracking by Search Terms

                        Monsterful sometimes tracks and catalogues the search terms that Visitors enter in our Search function on the Web site and Rhino Apps, but this tracking is not associated with individual Visitors.  We use this information to find out which areas of our Web site Visitors like and don’t like based on the amount of traffic to those areas.  We do not track what an individual user reads but instead how each page performs overall.  This allows us to provide you with better service.

                        (3) Product and App Data

We may collect information and content created in connection with our Products and Rhino Apps, such as your avatar, a photograph or a video of you during your session(s).  The Rhino Apps may also access metadata and other information associated with other files stored on your device, such as photographs and video clips. We may also collect information about your environment, physical movements, and dimensions when you use our Products (“Performance Information”). For example, when you use RibeeVR, our baseball performance training technology, we record your swing speed and plane and can record many standard baseball statistics relative to the outcome of a swing, such as: average, slugging percentage, and hits. Our technology also records advanced metrics that measure the hitter’s ability to recognize pitches, such as: reaction time, chase percentage, and swing and miss rate among others. We may use such data to analyze your biomechanics and performance as well as to further develop the Services. With your consent, we may share such data, together with your Personal Information, with you and your coaches, as well as scouting services, recruiters, product owners, sports equipment manufacturers and other business partners or third parties. If you have consented to such sharing, you may opt-out at any time through the methods provided in the choice/opt-out section below.

2. USE AND DISCLOSURE OF INFORMATION COLLECTED

We use Personal Information about Visitors to perform the services requested. For example, if you fill out a web form to contact us, we will use the information provided to contact you about your interest in the Service or to respond to your inquiry. We also use the information collected to provide you with virtual reality experiences, create accounts and user profiles, enable user communications and other social services, and customize your experiences.

With your consent, we may also use your Personal Information for marketing purposes. For example, we may use information you provide to contact you to further discuss your interest in Monsterful the Service, and to send you information regarding Monsterful and its partners, such as information about promotions or events. Visitors may opt-out of receiving future marketing emails at any time through those methods set forth in the choice/opt-out section below. 

We may also use information about you or your device to (i) customize and/or personalize your communications and shopping experience; (ii) better understand our Visitors and use this input in formulating our product and marketing strategies; (iii) better respond to your customer service inquiries; (iv) generally improve our Service, business and customer service; and (v) identify and address technical issues on our Service.

Monsterful uses Navigational Information to operate and improve the Web site and Rhino Apps. We may also use Navigational Information collected from the Web site for interest-based advertising purposes. We also use Navigational Information in combination with information we have about Visitors to provide you with personalized information about us.

We may share aggregate information that does not identify any individual with advertisers, business partners, sponsors, and other third parties and for any number of purposes.  For example, we might divide Visitors into various age groups by percentage.  This data is used to customize our content and advertising, to improve our Services, or to deliver a better experience for our Visitors.

Monsterful does not share Personal Information about Visitors with any third party except to provide products or services you have requested, when we have your permission, or under the following circumstances:

            (a)  With your permission, we provide the information to trusted partners who work on behalf of or with Monsterful under confidentiality agreements. These companies may use your Personal Information to help Monsterful communicate with you about offers from Monsterful and our marketing partners.

(b)  With your permission, we may also share Personal Information of users of our Products and the Rhino Apps with third parties for their own benefit and for purposes of allowing the third party to contact you. To opt out of such disclosures, please see the “Choice/Opt-Out” section.

            (c)  We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;

            (d)  We may share your information where we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Monsterful’s terms and conditions, or as otherwise required by law; and

            (e)  We transfer information about you if Monsterful is acquired by or merged with another company or in the event of a bankruptcy proceeding, asset sale or change of control. In this event, Monsterful will notify you before information about you is transferred and becomes subject to a different privacy policy.

            (f)  We may permit our vendors and subcontractors (such as our payment processors, email service provider, or host providers) to access your Personal Information, but they are only permitted to do so in connection with performing services for us.  They are not authorized by us to use the information for their own benefit. Such vendors and subcontractors are obligated to protect the confidentiality of the Personal Information we share with them.

(g)  Please note that if you specifically consent to additional uses or disclosures of your Personal Information, we may use and disclose your Personal Information in a manner consistent with that consent.

3. COOKIES AND SIMILAR TECHNOLOGIES

As stated above, Monsterful uses commonly used information-gathering tools, such as cookies and web beacons and similar technologies (including technologies that work on mobile devices), to collect Navigational Information.  This section describes the types of Navigational Information we may collect and how we may use this information.

            (a) IP Addresses

            An Internet Protocol (“IP”) address is a number that is automatically given to your computer when you surf the web. We use your IP address to help diagnose problems with our server, and to administer the Web site.  Your IP address is used to gather broad demographic information. We collect IP addresses for the purpose of system administration and to provide aggregate data to advertisers about the volume of use on the Web site.  Monsterful does not normally link IP addresses to Personal Information. However, we can and will use IP addresses to identify a Visitor when we feel it is necessary to enforce compliance with our terms and conditions or to protect our Service, including the Web site, Visitors, or others. 

            (b) Cookies and Similar Technologies

            We may place a text file called a “cookie” and similar technologies on your computer or device. A cookie is a small data file that transfers to your hard drive for record keeping and other purposes when you visit or use our Web site or Rhino Apps.  We use cookies for several purposes, which include updating our Web site and Rhino Apps based on data such as the total number of visitors and pages viewed, facilitating and enhancing your communication and interaction with the Web site and Rhino Apps, and for interest based advertising purposes.  Unless you choose to identify yourself to Monsterful, either by responding to a promotional offer, or filling out a web form (for example to contact us), we do not knowingly collect Personal Information through the use of cookies.  However, some of the information we collect may include data, such as IP address data or the identifiers associated with your device that are unique to your computer or device (e.g., IDFA for iOS and Android ID for Android).

Monsterful also uses cookies to track user traffic patterns (as described above). This information is most easily tracked with cookies and it allows us to provide services tailored to our Visitors’ needs.  We may also use and place cookies on your device from our third party service providers in connection with the Web site and Rhino Apps, such as an analytics provider that helps us manage and analyze usage. 

We use session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. Our persistent cookies remain active on your hard drive until they expire or are deleted. 

You can refuse cookies by adjusting your web browser preferences or device settings.  If you’ve set your browser to warn you before accepting cookies, you will receive the warning message with each cookie.  You do not need to have cookies turned on to use the Web site or Rhino Apps.  However, you do need cookies to participate actively in message boards, forums, polling and surveys. By deleting our cookies or disabling future cookies you may not be able to use some of the features of our Web site and Rhino Apps or some of its functionality may be affected. Further information on cookies is available at www.allaboutcookies.org. Please be advised that certain third parties that are beyond the scope of this privacy policy may collect information in connection with the Web site or Rhino Apps.   We are not responsible for the acts or omissions of such third parties.

4. INTEREST BASED ADVERTISING

            We may ourselves, or with third party vendors, use non-personally identifiable information in connection with our own or vendor information to deliver targeted advertising to you when you visit other websites. Cookies, clickstream data, and other similar technologies described above may be used in this process. For example, if you are searching for information on a particular product, we or our vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising, sometimes called “interest based advertising” or “behavioral advertising,” is not based on Personal Information. As a result, we and our vendor know your interests, but do not personally identify you in connection with the delivery of that specific ad. We believe that such advertising is helpful because you will see advertisements that are relevant to your interests. However, if you would like to opt out of these interest-based advertisements, please follow the opt-out process described below under “Choices/Opt-Out.”

Do Not Track: Please note that we do not respond to or honor “do not track” (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers.

5. THIRD PARTY LINKS; SOCIAL NETWORKING SERVICES

The Service may contain links to other third party web sites.  For example, if you “click” on a banner advertisement, the “click” will take you off the Web site and onto other third party web sites.  Monsterful is not responsible for the privacy practices or the content of such other web sites and by providing a link we are not endorsing or promoting such third party web sites.  Please remember that whenever you give out personal information online –– for example, via message boards or chat –– that information can be collected and used by people you don’t know.  While Monsterful strives to protect Visitors’ Personal Information in accordance with this privacy policy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.  We encourage you to read the policies and terms of every web site or service you visit.

Similarly, the Service may integrate with social networking services.  You understand that we do not control such services and are not liable for the manner in which they operate.  While we may provide you with the ability to use such services in connection with our Service, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.

6. MESSAGE BOARDS AND CHATS

This Web site makes chat rooms, forums, message boards, and/or news groups available to its Visitors.  Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your Personal Information.

7. DATA SECURITY AND RETENTION

Our Services use certain security measures in place to protect the loss, misuse and alteration of the information under our control.  We exercise reasonable care in providing secure transmission of your information from your device to our servers.  Unfortunately, no computer security system can be 100% secure.  Therefore, while we strive to protect your Personal Information, Monsterful cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.  Once Monsterful receives your transmission, Monsterful will use reasonable efforts to ensure its security on our systems. 

We will retain your information for as long as your account or inquiry is active or as needed to provide you with the Service and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our Agreements.  Even if we delete some or all of your Personal Information, we may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your Personal Information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

8. CHILDREN

Monsterful respects the privacy of children and we are committed to complying with the Children’s Online Privacy Protection Act (“COPPA”). Except as permitted by COPPA, we will never knowingly collect, use or disclose Personal Information from anyone under the age of 13 without obtaining parental consent.

Web site

The Web site is not intended for and we request that no information be submitted on the Web site by children under the age of 13.  If we are made aware that we have received such information through the Web site, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.

The Products and Rhino Apps

The Products and Rhino Apps may be used by children under 13 years old. In most instances, we will only collect Personal Information about children under 13 years of age so that the child can use the Products and the Rhino Apps and complete their profiles but will only do so once the child’s parent or legal guardian has provided their consent. The Personal Information we collect may include email address, user name, phone number, mailing address, age or date of birth, and photographs or videos of your child (including avatars). We may also collect Sports Related Information and Performance Information with parental consent.

With parental or legal guardian consent, we may also (i) communicate with your child via email about certain topics, such as products that your child may be interested in receiving from us or our partners – these topics may be based on your child’s account information, Sports Related Information, and other information generated or collected in connection with your child’s use of the Products and/or your child’s email communications with us; (ii) we may display your child’s name, photo/avatar and performance information on a user-wide leaderboard; (iii) we may share photos or videos of your child (but not your child’s name or contact information) on Monsterful’s Web site and our social media pages; and (iv) we may modify images of your child only insofar as is necessary for the sole purpose of biomechanical evaluation.

For children 14 years of age and older we may, with a parent’s consent, share the parent’s name and contact information and the child’s name, age, contact information, age, Sports Related Information and Performance Information with baseball personnel (e.g., scouts, coaches, baseball academies, recruiters). The parent will be contacted in order to screen interest from baseball personnel to determine those the parent approves to speak directly with the child. These baseball personnel may contact the parent, and, with the parent’s approval, the child, for the purpose of discussing private training sessions, baseball camps, tournaments and development programs, High School or NCAA scholarship opportunities, MLB draft possibilities or other matters related to the child advancing to the next level of baseball.

We will not condition your child’s participation in any online activity on the child’s disclosure of more Personal Information than is reasonably necessary to participate in that activity.

Other Uses

We may also use and disclose your child’s Personal Information as set forth in paragraphs (c) through (g) under the “Use and Disclosure of Information Collected” section above.

Parent’s Access and Rights

Parents have the right to review and have any of your child’s information deleted from our records.  Parents also have the right to tell us to stop collecting or using their child’s Personal Information. If parents have questions concerning our information practices with respect to children, or if a parent would like to review, have deleted, or stop the further collection of their child’s Personal Information in connection with the activity or transaction for which it was originally collected, parents may email us at [email protected] or contact us at our address set forth in the “Contacting Us” section below.

9. COMMUNICATIONS WITH US OR THROUGH OUR SERVICE

By providing your email address to us, you expressly consent to receive emails from us.  We may use email to communicate with you, to send information that you have requested or to send information about other services provided by us. Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as non-confidential and non-proprietary.  Except to the extent expressly covered by this privacy policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.

10. CHOICE/OPT-OUT

Visitors of our Services can opt-out of our sharing of their Personal Information with any third party who may use such information for their own purposes, including, but not limited to, their own direct marketing purposes, by emailing us at [email protected]

Visitors may opt out of receiving future marketing communications from us by sending an email to [email protected] or by using the unsubscribe link provided at the bottom of our email. Visitors may choose to not participate in certain interactive areas of our Services (such as on-line shopping or sweepstakes).

We will process your opt-out request within a reasonable time after receipt.  However, we are not responsible for removing your Personal Information from the lists of any third party who has previously been provided with your information in accordance with this privacy policy or your consent. Please note that if you opt out in this manner, certain aspects of the Service may no longer be available to you.

As noted above, you may opt-out of or restrict the placement of cookies on your device or remove them from your browser by adjusting your web browser preferences. To be clear, cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your desktop web browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device.

Interest Based Advertising Opt Out:  We may, and may work with third parties to, use non-personally identifiable information to deliver interest based advertisements to you based upon your online activities and other information.  The online advertising industry provides a service through which you may opt-out of receiving interest based ads from certain data partners and other advertising partners that participate in self-regulatory programs.  We comply with the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (DAA). You can opt-out of interest based advertising from certain providers at www.aboutads.info/consumers.

Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities.

11. MODIFYING YOUR INFORMATION

Although it is not always possible to remove or modify your Personal Information, we will make reasonable efforts to do so.  Unless prohibited by law or legal process, you will be given reasonable access to your Personal Information, entitlement to challenge the accuracy and completeness of the information, and the ability to have it amended as appropriate.  If you would like to change or modify Personal Information that you previously provided through the Service, please send an email with your requested updates/corrections to us at [email protected]  

12. CONTACTING US

If you have any questions about this privacy policy, our privacy practices, or your dealings with our Service, you can contact [email protected] or you may also send inquiries by mail to:

Monsterful Partners, Inc.

208 East 51st Street, Suite 316

New York. NY 10022

Attn: Privacy Coordinator

13. FRAUD PROTECTION

We take reasonable precautions designed to keep your transaction safe and secure. Unfortunately, from time to time we receive orders that are suspicious in nature. In an effort to verify these orders and protect unauthorized use of your credit card, we may contact you via email and ask that you confirm details about your account. We realize that this may cause a delay in the processing of your order, however, this is for your protection. If we do not hear back from you within five business days of our email request, your order will be cancelled. We reserve the right to cancel any order that we suspect to be suspicious or fraudulent. We are committed to providing our customers with the highest level of customer service possible as well as a positive shopping experience.

14. YOUR ACCEPTANCE OF THESE TERMS

By using the Services, you signify your agreement to this privacy policy.  If you do not agree to this privacy policy or our terms and conditions, please do not use our Services.  Monsterful reserves the right to change this privacy policy at any time.  If at any time in the future we plan to use Personal Information in a way that materially differs from this privacy policy, we will post such changes here or otherwise notify you as may be required by law. We encourage you to periodically review the privacy policy for the latest information on our privacy practices.  You are bound by any changes to the privacy policy when you use the Service after such changes have been first posted. Please check http://goMonsterful.com/PrivacyPolicy for changes each time you use the Services.

15. CALIFORNIA PRIVACY

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us by email at [email protected] If you do not want your Personal Information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at [email protected] 

16. TERMS AND CONDITIONS

Please also visit Monsterful’s terms and conditions establishing the use, disclaimers, and limitations of liability governing the use of the entire Web site.

17. CROSS BORDER TRANSFERS

Our Service is maintained in the United States of America.  By using the Service, you freely and specifically give us your consent to export your Personal Information to the USA and to store and use it in the USA as specified in this privacy policy.  You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.