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PRIVACY POLICY

Effective Date: May 25, 2018

The “SportsManias: Emojis & Fantasy,” mobile application, including, without limitation, the emojis and services provided therein (collectively, the “Application”) is provided by Ante Diem, Inc. d/b/a SportsManias (“Company”). This Privacy Policy sets forth what information Company collects about you when you use the Application and Company’s sites, services, products, and content relating thereto (“Services”), and how that information is used, stored, shared, and/or deleted by Company.

Your use of the Application and any personal information you may provide through your use and/or access of the Application is subject to the terms of this Privacy Policy, as may be updated by Company from time to time. Please read this Privacy Policy carefully before using the Application, and be sure to keep up to date with any revisions made by Company. This Privacy Policy does not apply to any third-party websites, services, or applications, even if such are available or accessible through our Services. This Privacy Policy is incorporated by reference into Application’s Terms of Use, so in addition to reviewing this Privacy Policy, please make sure that you also read and understand the Application’s Terms of Use.

All individuals whose responsibilities include the processing of any information relating to a user of the Application on behalf of Company are expected to protect such information in accordance with this Privacy Policy.

WHAT INFORMATION WE COLLECT

The types of personal information we may collect (directly from you or third party source) and our privacy practices are dependent on your interaction with the Services and requirements of applicable law. Some of the ways we may collect personal information include:

  • Directly, through your use and interaction with the Services, participating in surveys, promotions or events offered by Company, contacting us directly, or request for information from the Company.

  • Indirectly, through the collection of passive information provided as you navigate the Services, including, without limitation, through cookies and/or other similar technologies as described below.

We will only collect information that is relevant for the purposes of processing. In addition to any other purposes set forth below, the purposes of processing include: (i) provide, test, promote, and improve the Services; (ii) gather usage statistics for the Services; (iii) administer your use of the Services and provide customized user experience; (iv) provide access to third party content or services; and (v) fight spam, fraud, and other abuse of the Services. All collection and storage of personal information for processing shall be based on the consent given when you access the Application and agree to the Privacy Policy. Through your use of the Services, including, without limitation, the Application, Company may collect the following information:

  • User Provided Information – Company may collect certain personal information in order for you to use the Application and/or Services, including, without limitation, (i) full name; (ii) mailing address; (iii) phone number; and/or (iv) email address. Additionally, when you send a communication via the Application, Company may also collect that communication, and you agree Company is free to use the content of any communications submitted by you for any purpose, including developing, manufacturing, and/or marketing goods or Services. We will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law. In some countries, a user under the age of 16 may only provide or consent to the processing of their personal information if such consent is provided by a person holding “parental responsibility” (i.e. a parent or legal guardian).

  • Log File Information – Company may automatically collect information regarding your IP (internet protocol) address and other information about the Internet browser, operating system, mobile carrier, and/or other device information or identifiers automatically assigned to your computer or device used by you to access the Application and/or Services. Other information Company may automatically collect includes, without limitation, information about the frequency and length of (i) Application usage, (ii) Application visits (i.e. date and time), (iii) the type of emojis used or sent via the Application, and (iv) other actions taken through your use of the Services. This information helps inform Company how many people use the Application.

  • Cookies /other Technologies Information – Company may place cookies, pixel tags, local storage, and other technologies (“Technologies”) on your device used to access the Services in order to automatically collect information through the Services. We may use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a “device”) that allow us to record certain pieces of information whenever you visit or interact with our sites, Services, applications, messaging, and tools, and to recognize you across devices. Technologies shall only be used as operationally necessary, to assess performance, to enhance functionality, or to deliver content such as third party advertisements via the Services. If you would like to opt-out of the Technologies we employ with our Services, you may do so by blocking, deleting, or disabling them as your browser or device permits.

    • Cookies: Cookies are small text files placed in your device to store user preferences. Cookies do not tell us your personal identification information unless you choose to provide such information by using the Application. Cookies assign a specific numerical identifier to your device, thus enabling us to recognize you as the same user who has used the Application, and connect your use of the Application to other information about you. We may use both session cookies and persistent cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. You may elect to set your device so that you will not receive Cookies or to prompt you before accepting Cookies. You can also delete existing Cookies from your device history and turn off cookie acceptance altogether. However, some functions and features of the Application may not function properly if you have elected to disable cookies or similar tracking technologies. We will not, and have no obligation to continue to, remind you that cookies are used while you access the Application. Additionally, Some third-party services providers that we engage (including third-party advertisers) may also place their own cookies on your device. Note that this Privacy Policy covers only our use of Cookies and does not include use of Cookies by such third parties.

    • Pixels / Web Beacons: Pixels / Web Beacons are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).

    • Widgets: “Social Media Widgets” (i.e. social networking service interactions such as “like” or “share”) may be included in on our Services. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing them.

  • Social Media Information – If choose to log in, access or otherwise connect to the Services through a social networking service (such as Facebook, Twitter, Instagram, etc.), we may collect your user ID and/or username associated with that social networking service, as well as any information you make public using that social networking service or which the social networking service allows us to access. We may also collect information you have authorized the social networking service to share with us on your behalf (such as your user ID, gender, public profile information, email address, birthday, friends list, etc.). This supplemental information allows us to verify information that you have provided through use of the Services and to enhance our ability to provide you with information about our business, products, and Services.

HOW WE USE THE INFORMATION

Company uses the information received from you in connection with the Services and features provided via the Application, including, without limitation, in order to:

  • Process and respond to customer service / user inquiries;
  • Alert users to new services, content and/or features;
  • Provide access to certain functionalities and features of the Services;
  • Enforce the Terms of Use governing use of the Application;
  • Contact users for administrative purposes, including, without limitation, notifying you of changes to the Privacy Policy; and
  • Monitor and track total number of users of the Application for statistical purposes.

We may also use personal information provide by you for reasons for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide personal information or with your consent.

Company may also make anonymous and/or aggregate personal information for commercial, marketing, and/or business purposes, such as reporting and conducting research and development in order to enhance our existing Services and/or develop new products and Services. Anonymous or aggregated information does not identify you, and we may use or disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information internally and/or with third parties for our or their purposes in an anonymous or aggregated form that is designed to prevent anyone from identifying you.

Should you wish not to receive emails, offerings, or other promotional materials provided via the Application or Services, please follow the instructions contained in any email from Company to unsubscribe. Unsubscribing from such emails will not affect your ability to receive emails or other communications relating to your specific customer service inquiries or requests.

WHEN WE SHARE THE INFORMATION / SECURITY OF YOUR INFORMATION

Company may share your information received from you in connection with the services and features provided via the Application to: (i) its staff, data persons (or entities) in charge of maintaining and recording the information; and/or (ii) to third parties involved in providing Application services or Services who shall only have access to such information for the purpose of performing Services on your behalf. Any such third party shall be prohibited from sharing or using your personal information except as necessary to perform the Services or to comply with applicable legal requirements. Company may also disclose personal information in order to respond to customer service inquiries.

Company may also share information received from you with its accountants, attorneys, and other professional advisors who owe a duty of confidentiality to Company. In the event Company is required to disclose information pursuant to a court order, subpoena, or law enforcement agency request, we will disclose the requested information to the extent permissible by applicable law. To the extent permissible under applicable law, disclosure of personal identification information may also be made when necessary to establish, exercise, defend legal claims, or protect the rights and property of Company, our agents, customers and others, including, without limitation, the enforcement of agreements, policies, terms and conditions of use, or the personal safety of any person.

In the event that ownership of all or a part of Company or its business were to change via merger, acquisition, divestiture, dissolution, or sale of all or substantially all of Company’s assets, your information pertinent to that business' operations may be assigned or transferred to, or licensed for use by, the new owner, without any prior notice to or consent from you.

If you choose to share information with social media services about your activities on the Application by, for example, connecting your social media account (i.e. Facebook account) to the Application, then we may share your personal information and information about your use of the Application with such social media websites. Use of social media service websites is governed by the privacy practices and policies of those websites, including, without limitation, your ability to opt out of certain settings. Please make sure to read the terms and privacy statements of such social media websites prior to connecting to the Application via your social media account.

We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your personal information) from unauthorized access, use or disclosure. Notwithstanding, Company cannot assure or guarantee that any third party with which Company shares information will comply with its obligations regarding such information. Furthermore, even though appropriate measures are used to prevent unauthorized disclosures of information, we cannot assure you that any personal identification information collected or received by us will never be disclosed in a manner that is inconsistent with this Privacy Policy, and do not accept liability for any unintentional disclosure.

By using the Services, including, without limitation, the Application, or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Application and/or Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Application or sending you an email at the email provided to us.

THIRD PARTY WEBSITES

Company, in its sole discretion, may include in or offer third party links, products, advertisements, or services (collectively, “Third Party Websites”) via the Application or Services. This Privacy Policy does not cover any collection or use of information that Third Party Websites may have collected from you, or the practices used by third parties to collect such information, and Third Party Websites should have separate and independent privacy policies and terms of use for the purpose of collecting personal information about you. You should consult such Third Party Websites’ privacy policy, and Company has and assumes absolutely no responsibility or liability whatsoever for the content and/or activities of Third Party Websites and does not necessarily endorse the views expressed within them. If you decide to use, click on, access, or provide any personal information to Third Party Websites, you acknowledge that you are doing so at your own risk.

THIRD PARTY PAYMENT PROCESSING

We may sell merchandise and/or other goods or products through our Services, including, without limitation, via the Application. When you make purchases through the Services, we may process your payments through a third party application, such as the Apple App Store, Google Play App Store, Amazon App Store, social networking sites such as Facebook, and/or other third-party payment processers, i.e. PayPal. The third party application may collect certain financial information from you in order to process a payment, including your name, email address, address and other billing information. In order to delete your payment or billing information, you will need to do so with your payment provider, as Company only has minimal secure access to those records as needed to provide the Services.

RETAINING YOUR PERSONAL INFORMATION

Company will retain your personal information received as described in this Privacy Policy while you are an active user of the Application and Services, and thereafter so long as needed for purposes that are not prohibited by applicable law. Before we use any of your personal information for any new purpose not originally authorized by you, we will use best efforts to provide details regarding the new purpose and give you the opportunity to opt-out. Furthermore, where consent is required to process any personal information pursuant to applicable law or contract, we will endeavor to comply with such law or contract.

ABILITY TO OPT-OUT

You have the right to opt out of certain uses and disclosures of your personal information. Where you have consented to Company’s processing of your personal information, you may withdraw that consent at any time and opt-out to further processing by contacting us at info@sportsmanias.com. Even if you opt-out, we may still collect and use non-personal Information regarding your use of our Services and/ or information from the advertisements on Third Party Websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.

We may periodically send you free newsletters and e-mails that directly promote our Services. When you receive such promotional communications from us, you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive. We do need to send you certain communications regarding the Services and you will not be able to opt-out of those communications – e.g., communications regarding updates to our Terms of Use or this Privacy Policy.

We maintain “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail lists within 60 days after receipt, or such shorter time as may be required by law.

We may occasionally send you push notifications through your device with updates and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your device.

MODIFYING, ACCESSING, CORRECTING, OR DESTROYING PERSONAL INFORMATION

You can modify personal information provided via use of the Services through your personal settings or by contacting us at info@sportsmanias.com.com. If you want us to delete your personal information, please contact us at info@sportsmanias.com with your request. We’ll take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.

You may inquire as to whether Company is processing your personal information, request access to your personal information, and ask that we correct, amend or delete your Personal Information where inaccurate. Where otherwise permitted by applicable law, you may contact us at info@sportsmanias.com or use any of the methods set out in this Privacy Policy to request access to, receive, seek correction, or request deletion of your personal information in our possession Please include your full name, email address associated with your use of the Services and/or Application, and a detailed description of your data request. Such requests will be processed in line with local laws.

Company shall use best efforts to provide you with access to your personal information. However, there may be circumstances in which we are unable to provide access, including but not limited to: (i) where the information contains legal privilege, (ii) would compromise others’ privacy or legitimate rights, (iii) where the burden or expense of providing access would be disproportionate to the risks to your privacy in the case in question, or (iv) where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.

INTERNATIONAL TRANSFER OF INFORMATION

The Application and Services are hosted in the United States. Your personal information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide personal information to us, we may transfer your personal information to the United States and process it there. By using the Services, you authorize us to transfer, store, and use your information in the United States and any other country where we operate. By choosing to visit the Application, utilize the Services or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed in accordance with the “Governing Law and Regulations” provided below, and the adjudication of any disputes arising in connection with your use the Services or the Application will be in accordance with terms provided herein and/or set forth in the Terms of Use.

CHILDREN AND OUR SERVICES

Our Services are not directed to children, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from or of a child under the age of 13, we will take steps to delete such information from our files as soon as possible. You must also be old enough to consent to the processing of your personal data in your country (in some countries we may allow your parent or guardian to do so on your behalf).

CALIFORNIA PRIVACY RIGHTS

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. Such requests may be made to info@sportsmanias.com.

CHANGES TO PRIVACY POLICY

The Privacy Policy in effect at the time such information is collected covers all information collected via our Services. This Privacy Policy may be changed or otherwise modified from time to time. The revised Privacy Policy will be posted on this page for your acknowledgment and understanding. In the event we make any material changes to this Privacy Policy, we will notify you of any such changes by notifying you either: (i) by contacting you through the email address provided for use of the Application; and/or (ii) posting an update notifying you of a change on the Application, and we’ll update the “Effective Date” above in order to indicate when such changes shall take effect. Your continued use of the Application constitutes your agreement to this Privacy Policy and any future revisions, updates, or modifications. If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using the Services, including, without limitation, the Application.

GOVERNING LAW AND REGULATIONS

This Privacy Policy shall be deemed made in the State of Florida and shall be construed and enforced in accordance with the laws of the State of Florida without regard to any conflict of law provisions. Notwithstanding the foregoing, this Privacy Policy, and the collection of information hereunder, shall comply with all relevant data protection provisions, including, without limitation, the Data Protection Act and General Data Protection Regulation.

GENERAL PROVISIONS

This Privacy Policy sets forth the entire understanding between you and Company regarding your use of the Application. In the event that any one or more of the terms and conditions contained in this Privacy Policy is held to be invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired thereby. Company's failure to insist upon strict adherence to any term contained in this Privacy Policy shall not constitute a waiver of such term and shall not be considered a waiver or limit of any right thereafter to insist upon strict adherence to that term or any other term contained in this Privacy Policy. The parties shall make a good faith effort to resolve any actual or threatened breach of this Privacy Policy, or any other dispute arising under or in connection with this Privacy Policy, through mediation conducted within thirty (30) days following first assertion of the breach or dispute. If such mediation does not fully resolve the breach or dispute, or if the parties do not conduct such mediation, the breach or dispute shall be resolved in Broward County, Florida by binding arbitration under the administration and rules of the American Arbitration Association. Notwithstanding the foregoing mediation and arbitration provisions, in no event shall Company be precluded or delayed from seeking and obtaining temporary, preliminary and/or permanent injunctive relief, without the posting of any bond or proving of actual damages, against infringement or other violation of its claimed intellectual property rights, or other relief that it deems reasonably necessary to defend or enforce its rights or this Privacy Policy, in any court(s) of competent jurisdiction located in Broward County, Florida, and through your use of the Application, you hereby consent to, and hereby waive any objection regarding, such jurisdiction and venue. Company may assign, transfer, subcontract or otherwise deal with all of its rights, including those set forth herein without notifying you or obtaining your consent. You may not assign, transfer, delegate, subcontract or otherwise deal with your rights and/or obligations under this Privacy Policy.

CONTACT US

If you have any questions or concerns regarding this Privacy Policy or the terms contained herein, please contact Company at info@sportsmanias.com.