Last updated: January 1, 2024

ActionFit Outdoor Fitness Equipment, 1675 Locust Street, Red Bud, IL 62278 (“us”, “we”, or “our”) operates the https://www.actionfitoutdoors.com website (the “Service”).

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Website or Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal Data to provide and improve the Website and Service. By using the Website or Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Website or Service or parts of our Website or Service.

Business, for the purpose of the CCPA, refers to the Company as the legal entity that collects Consumers’ personal information, or on the behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of Consumers’ personal information, and does business in the State of California.

CCPA means the California Consumer Privacy Act of 2018 as amended and extended by the California Privacy Rights Act of 2020.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Privacy Policy) refers to PlayCore Wisconsin, Inc., 544 Chestnut Street, Chattanooga, TN 37402.

Consumer, for the purpose of the CCPA, means a natural person who is a California resident. A resident, as defined in the California law, includes (1) every individual who is in the State of California for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the State of California but who is located outside the State of California for a temporary or transitory purpose.

Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing details of Your browsing history or other information that the website may retrieve at a later time.

Country refers to: United States

Data Controller, for the purposes of the General Data Protection Regulation (GDPR), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.

Device means any device that can access the Website or Service such as but not limited to a computer, a cellphone or a digital tablet.

Do Not Track (DNT), as used by U.S. regulatory authorities, such as the U.S. Federal Trade Commission (FTC), refers to a mechanism for allowing Internet users to control whether their online activities across websites may be tracked by third parties.

Facebook Fan Page is a public profile of the Company created by the Company on the Facebook social network.

Personal Data is any information that specifically relates to an identified or identifiable individual. For the purposes of the GDPR, Personal Data means any information relating to You such as Your name, identification number, location data, online identifier or one or more factors specific to Your physical, physiological, genetic, mental, economic, cultural, or social identity.

For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.

Sale, for the purpose of the CCPA, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration.

Service refers to all information and services accessible to You through the Website.

Service Provider means any natural or legal person who processes data on behalf of the Company. It includes third-party companies or individuals employed by the Company to facilitate implementation of the Service, provide the Service on behalf of the Company, perform services related to the Service or assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.

Sharing, for the purpose of the CCPA, refers to sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party.

Usage Data refers to data relating to use of the Website or Service that is collected automatically, and is either data generated by the use of the Website or Service or from the Website or Service infrastructure itself (such as, for example, data indicating the duration of a web page visit).

Website refers to the collection of user-navigable webpages.

You means the individual accessing or using the Website or Service, or the company or other legal entity on behalf of which such individual is accessing or using the Website or Service, as applicable. Under the GDPR, You can also be referred to as the Data Subject or as the User using the Website or Service.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Website or Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information that We may request from You may include, but is not limited to:

Email addresses

First name and last name

Phone numbers

Address, State, Province, ZIP/Postal code, City

Usage Data

Usage Data

Usage Data is collected automatically when using Our Website or Service.

Usage Data may include information such as Your Device’s network address (e.g. Internet Protocol (IP) address), browser type, browser version, specific pages of our Website or Service that You visit, the time and date of Your visit, Your time spent on those pages, unique device identifiers and other diagnostic data.

When You access Our Website or Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device’s unique ID, the IP address of Your mobile device, Your mobile operating system executing on your mobile device, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends to Us whenever You visit Our Website or Service or when You access Our Website or Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track Your activity on Our Website and Service and to store certain information for later retrieval. Tracking technologies that We use may include beacons, tags, and scripts to collect and track information and improve and analyze Our Website and Service. The technologies We use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or indicate when a Cookie is being used. However, if You do not accept Cookies, You may not be able to use some parts of Our Website or Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, Our Website and Service may use Cookies by default.
• Flash Cookies. Certain features of Our Website or Service may use locally stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on Our Website or Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete or disable Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
• Web Beacons. Certain sections of Our Website and Service and Our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, or single-pixel gifs) that permit the Company to manage certain statistics, for example, to count users who have visited a webpage or opened an email, or manage other website-related statistics.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer, mobile device, or other Device when You go offline, while Session Cookies are deleted or otherwise rendered inaccessible as soon as You close Your web browser.

We use both Session Cookies and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You request through Our Website and Service cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if You have accepted the use of cookies on Our Website or through Our Service.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website and the Service, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and avoid You having to re-enter your preferences every time You use the Website or Service.

Tracking and Performance Cookies

Type: Persistent Cookies

Administered by: Third-Parties

Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify You as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the Device You use to access the Website. We may also use these Cookies to test new webpages, features or new functionality of the Website or Service to see how our users react to them.

Use of Your Personal Data

The Company may use Your Personal Data for the following purposes:

• To provide and maintain Our Website and Service, including to monitor the usage of Our Website and Service.
• To manage Your Account: to manage Your registration as a user of Our Website and Service. The Personal Data that You provide can give You access to different functionalities of Our Website and Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of purchase contracts for products, items or services that You have purchased through the Website or Service or any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, text message (SMS), or other equivalent forms of electronic communication, such as using a mobile application’s push notifications regarding updates or informative communications related to functionalities, products or contracted services, including for example security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which We offer that are similar to those that you have already purchased or inquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• To deliver targeted advertising to You: We may use Your Personal Data to develop and display content and advertising (and work with third-party vendors who do so) tailored to Your interests and/or location and to measure its effectiveness.
• For business transfers: We may use Your Personal Data to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Your Personal Data held by Us about Our Website and Service may be among the assets transferred.
• For other purposes: We may use Your Personal Data for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of Our promotional campaigns and to evaluate and improve Our Website and Service, products, services, marketing, and Your experience.

We may share Your Personal Data in the following situations:

• With Service Providers: We may share Your Personal Data with Service Providers to monitor and analyze the use of our Website and Service, to advertise to You on third party websites after You have visited Our Website or used or accessed Our Service, for payment processing, or to contact You.
• For business transfers: We may share or transfer Your Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your Personal Data with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners, or other companies or entities that either control, are controlled by, or are under common control with Us.
• With business partners: We may share Your Personal Data with Our business partners to offer You certain products, services or promotions.
• With other users: when You share Your Personal Data as a result of Your interactions with other users in public areas accessible through Our Website or Service, such shared information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your Personal Data for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or improve the functionality of Our Website or Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your personal information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to, and maintained on, computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in the jurisdiction where You reside and/or conduct business.

You consent to this Privacy Policy and acknowledge and agree that Your submission of any of Your Personal Data to the Company, through Our Website, Service, or otherwise, represents Your agreement to that transfer of Your Personal Data to the Company.

The Company will take commercially reasonable steps necessary to ensure that Your Personal Data is treated securely in accordance with this Privacy Policy and that no transfer of Your Personal Data by the Company will take place to an organization or a country unless there are adequate controls in place including the security of Your Personal Data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred as part of such a transaction.

Law Enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities, such as in response to an order from a court of competent jurisdiction or a government agency.

Other Legal Requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, however, no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process, and transfer information about Your activity on Our Website and Service in accordance with their Privacy Policies.

Analytics

We may use any one or more of the following third-party Service Providers to monitor and analyze Your use of Our Website and Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of Our Website and Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on Our Website and Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and to send You other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may also use Email Marketing Service Providers, such as HubSpot, to manage and send emails to You.

HubSpot

Their Privacy Policy can be viewed at https://legal.hubspot.com/privacy-policy

Behavioral Remarketing

The Company uses remarketing services to advertise to You after You accessed or visited Our Website or Service. We and Our third-party vendors use Cookies and non-cookie technologies to help Us recognize Your Device and understand how You use Our Website and Service so that We can improve Our Website and Service to reflect Your interests and serve You advertisements that are likely to be of more interest to You.

These third-party vendors collect, store, use, process and transfer information about Your activity on Our Website and Service in accordance with their Privacy Policies and enable Us to:

• Measure and analyze traffic and browsing activity on Our Website and Service
• Show advertisements for our products and/or services to You on third-party websites or apps
• Measure and analyze the performance of Our advertising campaigns

Some of these third-party vendors may use non-cookie technologies that may not be impacted by browser settings that block Cookies. Your browser may not permit You to block such technologies. You can use the following third-party tools to decline the collection and use of information for the purpose of serving You interest-based advertising:

• The NAI’s opt-out platform: http://www.networkadvertising.org/choices/
• The EDAA’s opt-out platform http://www.youronlinechoices.com/
• The DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN

You may opt-out of all personalized advertising by enabling privacy features on Your mobile device such as Limit Ad Tracking (iOS) and Opt Out of Ads Personalization (Android). See Your mobile device Help system for more information.

We may share Your Personal Data, such as cryptographically hashed versions of Your email addresses (if available) or other online identifiers collected on Our Website or Service with these third-party vendors. This allows Our third-party vendors to recognize and deliver You advertisements across Your various devices and browsers. To read more about the technologies used by these third-party vendors and their cross-device capabilities please refer to the Privacy Policy of each vendor listed below.

The third-party vendors We use may include:

Google Ads (AdWords)

Google Ads (AdWords) remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

 

Facebook

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/516147308587266

To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation

 

LinkedIn

Their Privacy Policy can be viewed at https://www.linkedin.com/legal/privacy-policy.

GDPR Privacy

Legal Basis for Processing Personal Data under GDPR

Consistent with the requirements of the GDPR, We may process Your Personal Data under the following conditions:

• Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
• Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
• Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
• Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
• Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
• Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the Company’s processing of Your Personal Data, and in particular whether the Company’s processing of Your Personal Data corresponds to a GDPR provision that permits processing of Personal Data as a statutory or contractual requirement, or as a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Company respects the confidentiality of Your Personal Data and the preservation of Your rights to protect Your Personal Data.

You have the right under this Privacy Policy, and by law if You are within the European Union (EU), to:

• Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
• Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
• Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
• Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
• Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
• Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of Our Website or Service.

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

Facebook Fan Page

Data Controller for the Facebook Fan Page

The Company is the Data Controller of Your Personal Data collected while using Our Website and Service. As operator of the Facebook Fan Page, the Company and the operator of the social network Facebook are Joint Controllers.

The Company has entered into agreements with Facebook that define the terms for Your use of the Company’s Facebook Fan Page, among other things. These terms are mostly based on the Facebook Terms of Service: https://www.facebook.com/terms.php

Visit the Facebook Privacy Policy https://www.facebook.com/policy.php for more information about how Facebook manages Personal Data or contact Facebook online, or by mail: Facebook, Inc. ATTN, Privacy Operations, 1601 Willow Road, Menlo Park, CA 94025, United States.

Facebook Insights

We use the Facebook Insights function in connection with the operation of Our Facebook Fan Page and on the basis of the GDPR, in order to obtain anonymized statistical data about Our users.

For this purpose, Facebook places a Cookie on the Device of the user visiting Our Facebook Fan Page. Each such Cookie contains a unique identifier code and remains active for a period of two (2) years, except when it is deleted before the end of this period.

Facebook receives, records and processes the information stored in the Cookie, especially when the user visits the Facebook services, services that are provided by other members of the Facebook Fan Page, and services by other companies that use Facebook services.

For more information on the privacy practices of Facebook, please visit Facebook Privacy Policy here: https://www.facebook.com/privacy/explanation

CCPA Privacy

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who qualify as Consumers in the State of California under the CCPA.

Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief that, to the best of our knowledge, some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information below would only be collected if You provided such personal information directly to Us.

Category A: Identifiers.

Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers.

Collected by Us: Yes.

Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Collected by Us: Yes.

Category C: Protected classification characteristics under California or federal law.

Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Collected by Us: No.

Category D: Commercial information.

Examples: Records and history of products or services purchased or considered.

Collected by Us: Yes.

Category E: Biometric information.

Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

Collected by Us: No.

Category F: Internet or other similar network activity.

Examples: Interaction with Our Website, Service, or advertisements.

Collected by Us: Yes.

Category G: Geolocation data.

Examples: Approximate physical location.

Collected by Us: No.

Category H: Sensory data.

Examples: Audio, electronic, visual, thermal, olfactory, or similar information.

Collected by Us: No.

Category I: Professional or employment-related information.

Examples: Current or past job history or performance evaluations.

Collected by Us: No.

Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Collected by Us: Yes.

Category K: Inferences drawn from other personal information.

Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Collected by Us: No.

Under the CCPA, personal information does not include:

• Publicly available information from government records
• Deidentified or aggregated consumer information
• Information excluded from the CCPA’s scope, such as:
• Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
• Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994

Sources of Personal Information

We obtain the categories of Personal Data listed above from the following categories of sources:

• Directly from You. For example, from the forms You complete on Our Website or Service, preferences You express or provide through Our Website or Service.
• Indirectly from You. For example, from observing Your activity on Our Website and Service.
• Automatically from You. For example, through cookies We or Our Service Providers set on Your Device as You navigate through Our Website and Service.
• From Service Providers. For example, third-party vendors to monitor and analyze the use of Our Website and Service, third-party vendors to deliver targeted advertising to You, or other third-party vendors that We use to provide the Website and Service to You.

Use of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose Your Personal Data that We collect for “business purposes” or “commercial purposes” (as defined under the CCPA), which may include the following examples:

• To operate Our Website and Service and provide You with Our Website and Service.
• To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Website and Service.
• To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about Our Website or Service, We will use that personal information to respond to Your inquiry.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to You when collecting Your personal information or as otherwise set forth in the CCPA.
• For internal administrative and auditing purposes.
• To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the “Use of Your Personal Data” section.

If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy.

Disclosure of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of Your Personal Data for business or commercial purposes:

• Category A: Identifiers
• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Category F: Internet or other similar network activity

Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

When We disclose Your Personal Data for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Sale of Personal Information

As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.

Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.

We may sell and may have sold in the last twelve (12) months the following categories of Your Personal Data:

• Category A: Identifiers
• Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Category F: Internet or other similar network activity

Share of Personal Information

We may share Your Personal Data identified in the above categories with the following categories of third parties:

• Service Providers
• Our affiliates
• Our business partners
• Third party vendors to whom You or Your agents authorize Us to disclose Your Personal Data in connection with products or services We provide to You

Sale of Personal Information of Minors Under 16 Years of Age

We do not knowingly collect personal information from minors under the age of 16 through Our Website and Service, although certain third party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children’s Internet usage and instruct their children to never provide information on other websites without their permission.

We do not sell any Personal Data of Consumers that We actually know are less than 16 years of age, unless We receive affirmative authorization (the “right to opt-in”) from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of Personal Data may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.

If You have reason to believe that a child under the age of 13 (or 16) has provided Us with Personal Data, please contact Us with sufficient detail to enable Us to delete that information.

Your Rights under the CCPA

The CCPA provides California residents with specific rights regarding their Personal Data. If You are a resident of California, You have the following rights:

• The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
• The right to request. Under the CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You:
• The categories of Personal Data We collected about You
• The categories of sources for the Personal Data We collected about You
• Our business or commercial purpose for collecting or selling Your Personal Data
• The categories of third parties with whom We share Your Personal Data
• The specific pieces of Personal Data We collected about You
• If we sold or shared Your Personal Data or disclosed Your Personal Data for a business purpose, We will disclose to You:
• The categories of Personal Data categories sold or shared
• The categories of Personal Data categories disclosed
• The right to correct Personal Data. You have the right to direct Us to correct any inaccuracies in Your Personal Data that we may hold.
• The right to say no to the sale or sharing of Personal Data (opt-out). You have the right to direct Us to not sell or share Your Personal Data. To submit an opt-out request please contact Us.
• The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your Personal Data from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:
• Complete the transaction for which We collected Your Personal Data, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. Seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if You previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer’s rights, including by:
• Denying goods or services to You
• Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
• Providing a different level or quality of goods or services to You
• Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:

• By email: privacy@playcore.com
• By mail: 544 Chestnut Street, Chattanooga, TN 37402, United States Attn: Corporate Director of Digital Services
• By phone: (877) 762-7563

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your Personal Data.

Your request to Us must:

• Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected Personal Data or an authorized representative
• Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it

We cannot respond to Your request or provide You with the required information if We cannot:

• Verify Your identity or authority to make the request
• And confirm that the Personal Data relates to You

We will disclose and deliver the required information free of charge within forty five (45) days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional forty five (45) days when reasonably necessary and with prior notice.

Any disclosures We provide will only cover the twelve (12) month period preceding the verifiable request’s receipt.

For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.

Do Not Sell or Share My Personal Information

You have the right to opt-out of the sale or sharing of Your Personal Data that We have collected. Once We receive and confirm a verifiable consumer request from You, We will stop selling or sharing Your Personal Data. To exercise Your right to opt-out, please contact Us.

The Service Providers We partner with, including for example our analytics or advertising partners, may use technology on Our Website or Service that sells or shares Personal Data as defined by the CCPA. If you wish to opt out of the use of Your Personal Data for interest-based advertising purposes and these potential sales or sharing as defined under the CCPA, you may do so by following the instructions below.

Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.

Website

You can opt out of receiving ads that are personalized as served by Our Service Providers by following our instructions presented on the Service:

• The NAI’s opt-out platform: http://www.networkadvertising.org/choices/
• The EDAA’s opt-out platform http://www.youronlinechoices.com/
• The DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN

The opt out will place a Cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the Cookies saved by your browser, You will need to opt out again.

Mobile Devices

Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:

• “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
• “Limit Ad Tracking” on iOS devices

You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.

“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Website and Service do not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Children’s Privacy

Our Website and Service do not address anyone under the age of 13. We do not knowingly collect Personal Data from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your Personal Data and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that Personal Data.

Your California Privacy Rights (California’s Shine the Light law)

Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with Us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.

If you would like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services, or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

Other State Privacy Rights

Colorado, Connecticut, Virginia, Utah, and Montana (effective October 2024) each provide their state residents with rights to:

• Confirm whether we process their personal information
• Access and delete certain personal information
• Data portability
• Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, Virginia, and Montana (effective October 2024) also provide their state residents with rights to:

• Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

Nevada provides its residents with a limited right to opt-out of certain personal information sales.

To exercise any of these rights please contact Us.

Links to Other Websites

Our Website and Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services, or Your use of any such third-party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Website or Service, prior to the change in Our Privacy Policy becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: privacy@playcore.com
• By mail: 544 Chestnut Street, Chattanooga, TN 37402, United States Attn: Corporate Director of Digital Services
• By phone: (877) 762-7563