Last Updated and Effective as of: February 27, 2018
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
(a) Product Registration and Account
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”).
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.
(d) Contests and Sweepstakes
(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
(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 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.
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
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.
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.
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.
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
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).
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
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
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