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Privacy

MockOut, Inc. Privacy Statement

I. Our Intent

This Privacy Statement is intended to fully inform the User as to the types of personal information MockOut, Inc. (“MockOut,” “us,” “we” or “our”) collects through www.mockout.com (the “Site”) and our web-based application (the “Application”, and together with the Site, the “Services”), how we collect, use, and share that information, and what options our Users have in regards to protecting their private data and information.  MockOut strives to empower the User to make fully informed decisions regarding their privacy when using our Services.

Our processing of personal data, such as the name, address, e-mail address, or IP address, shall be undertaken consistent with the requirements of the General Data Protection Regulation (“GDPR”).  Whether as the data controller or processor, MockOut has implemented numerous technical and organizational measures to ensure the protection of personal data processed through this Site. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed.

II. Definition of Your Personal Data

Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. The processing of personal data is governed by the General Data Protection Regulation 2016/679 (“GDPR”).

III. Personal Information We Collect

A. Information You Give Us

In order to create an account and use the Services, you will be asked to provide personal information.  Once you provide us with this personal information, you are no longer anonymous to us. This information may generally include:

  • Registration information. When you sign up for the Services, you will be required to provide information including your email address, a username and a personal password that is only to be used to access your MockOut account;
  • Profile Information. You may also choose to provide us with additional profile information, such as your first and last name;
  • Payment Information. We may offer promotional items or prizes from time to time (please see our Terms of Use, available at www.mockout.com/terms, for more information).  In order to participate in a promotion and/or contest or to claim a prize, you may be required to provide us with certain information, including without limitation your full name, age, physical address, email address, phone number, state or federal tax information, profile information, or any other information that we may require you to submit to claim your prize;
  • Additional Information. Additional information that you provide to us, including through reviews, feedback, and emails.

B. Automated Information Collection

We may collect certain information about your use of the Services through the use of tracking technologies or by other passive means.  We may use Google Analytics to help us collect and analyze this information. This “passively collected” information includes, but is not limited to, the domain name of the website that allowed you to navigate to the Services, search engines used, the length of time spent on the Services, the pages viewed on the Services, the type of internet browser you used to access the Services, the frequency of your visits to the Services, and other relevant statistics, including the following:

  • Log Information. When you access the Services, our servers automatically record information that your browser or mobile device sends whenever you visit a website. These server logs may include information such as your web request, internet protocol (“IP”) address (or the proxy server you use to access the Internet), browser type, browser language, the date and time of your request, your computer operating system, mobile device and mobile operating system, name of your internet service provider or your mobile carrier, and one or more cookies (small text files containing a string of characters) that may uniquely identify your browser;
  • Links. The Services may include links in a format that enables us to keep track of whether these links have been followed by IP addresses.  We use this information to improve the quality of our products and design;
  • URLs. When you visit or access the Services, we automatically receive the URL of the site from which you came and the site to which you are going when you leave the Services;
  • Cookies. When you visit or access the Services, we send one or more cookies (small text files containing a string of characters) to your computer that uniquely identifies your browser.  We use cookies to improve the quality of the Services by storing user preferences and tracking user trends. Most web browsers accept cookies automatically, but can be configured not to do so or to notify the user when a cookie is being sent.  If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies. Please note that if you disable cookies, you may not be able to use some customized features available through the Services;
  • Web Beacons. Web beacons (also known as “pixel tags” or “clear GIFs”) are 1×1 single-pixel graphics that allow us to count the number of users who have visited or accessed the Services and to recognize users by accessing our cookies.  We may employ web beacons to facilitate Services administration and navigation, to track the actions of users of the Services, to compile aggregate statistics about Services usage and response rates, and to provide an enhanced online experience for visitors to the Services.  We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened;
  • Third Party Analytics. We may use third party services providers such as Google Analytics to help analyze how our Services are being utilized by users. These companies use cookies to collect information such a frequency, duration, and specific location of visits, as well as what sites were visited before and after ours. This policy does not apply to, and we are not responsible for, cookies or web beacons provided by third parties;
  • Aggregate Information. We may compile certain personal information and other information collected through the Services on an aggregate basis.  This information may include, without limitation, the number of people who have visited the Services and other user demographics.  Such aggregate information does not identify you individually.

C. User-Generated Competition Statistics

When you participate in a MockOut game via the Services, we may collect and measure the strategic decisions you make, in real time. All competition data will be aggregated (such aggregate information does not identify you individually) and interpreted in various ways, including but not limited to:

  • Personal use: in modeling and tracking the accuracy over time of mass predictive competitions;
  • Historical tracking of prospect values: attempting to establish a correlation between pre-draft value and future success;
  • Public use: offering our users free and/or subscription-based access to our live and historical data, for use in current and future predictive events;

IV. How We Use Personal Information

Personal information collected through the Services may be used by us and our affiliates for purposes of:

  • Administering your account and otherwise providing the services you select through the Services;
  • Responding to your questions and feedback;
  • Providing the services you select through this Services;
  • Contacting you by email with information about this Services, our products, or our services;
  • For such purposes as you may authorize at the time you submit the information;
  • Auditing, research, and analysis to maintain, protect, and improve this Services and our services;
  • Ensuring the technical functions of our network;
  • Improving and customizing the content and layout of the Services;
  • Developing new products and services; or
  • Compiling personal information and other information collected through the Services on an aggregate basis.

V. Personal Information We Share

We do not sell, rent, trade, or otherwise share personal information collected through the Services.  Your personal data will be treated as strictly confidential, unless given your explicit consent, and only as described below:

  • In Connection with our Offerings. The Services involves the sharing of certain personal information collected through the Services with (i) other users of the Services (including the information described in Section II.C), and (ii) as you otherwise provide your consent;
  • Subsidiaries and Affiliates. We may share personal information with our subsidiaries and affiliates for the purposes for which you provided the information or as reasonably necessary for our internal administrative and business purposes;
  • Google Analytics. We may use Google Analytics to gather statistics on portions of the Services. We may use the information gathered to improve web services. According to Google, Google Analytics employs cookies to define user sessions, which allows for the collection of important data about how users use the Services.  Google Analytics uses only first-party cookies for data analysis. This means that the cookies are linked to the Site’s website domain(s), and Google Analytics will only use that cookie data for statistical analysis related to your browsing behavior through the Site. According to Google, the data collected cannot be altered or retrieved by services from other domains.  If you choose, you can opt out by turning off cookies in the preferences settings in your browser. For more information on Google Analytics, please visit Google’s web site;
  • Consent. We may share personal information in accordance with any consent you provide;
  • Required by Law. We may disclose personal information or any information collected through the Services if we are required to do so by law or pursuant to legal process, in response to a request from government officials or law enforcement authorities, or as necessary or appropriate in connection with an investigation of illegal activity;
  • Certain Transactions. We may disclose or transfer personal information or any information collected through the Services to third parties who acquire all or a portion of our business, whether such acquisition is by way of merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us;
  • Non-Personal Information. We may share with third parties certain pieces of aggregated, non-personal information, such as the number of people who visited or accessed the Services, the number of profiles created by users of the Services, survey and rating information and other feedback provided by users of the Services.  Such information does not identify you individually.

VI. Aggregate Information

We may compile personal information and other information collected through the Services on an aggregate basis.  This information may include, without limitation, the number of users who have registered for the Services, the information described in Section II.C, and individual purchase preferences.  Such aggregate information does not identify you individually. We may use aggregate information and share aggregate information with third parties for any of the purposes specified in this Privacy Statement, and for any other lawful purpose.

VII. How Long We Keep Your Data

We keep your personal data for no longer than reasonably necessary and we only retain your data for the following purposes and use the following criteria to determine how long to retain your personal data:

  • Administering your account and otherwise providing the services you select through the Services;
  • Auditing, research, and analysis to maintain, protect, and improve this Services and our services;
  • Compiling personal information and other information collected through the Services on an aggregate basis;
  • In case of any legal claims/complaints; or
  • For safeguarding purposes.

VIII. The Legal Basis for Processing Your Data

Art. 6(1) of the GDPR serves as the legal basis for processing operations for which we obtain the grounds to process personal data for a specific processing purpose.

  • Legitimate interests: personal data processed to further our legitimate interests in commercial activities, except where such interests are overridden by the interests, rights or freedoms of the data subject, which may include administering the account, analyzing and improving our business, marketing, customer service, protection of our players, and managing legal issues;

IX. Your Rights and Your Personal Data

Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:

  • You can always choose whether or not to provide information on the Services.  However, if you choose not to disclose certain information, you may not be able to register as a user of the Services, which may limit your access to certain portions of the Services.  Certain portions of your profile information may be visible to other users of the Services. By default, your username will be visible to other users of the Services. You may change your account settings to change what information can be viewed by other users of the Services by adjusting the information visible by other users of the Services.  To change this visibility, go to the “Profile” link in the home menu of the mobile application;
  • If at any time you decide that you no longer wish to receive notices from us regarding the Services, you may indicate this preference either by Unsubscribing from our email list, or by contacting us at support@mockout.com;
  • The right to request a copy of your personal data which the MockOut holds about you;
  • The right to request that the MockOut correct any personal data if it is found to be inaccurate or out of date;
  • The right to request your personal data is erased where it is no longer necessary for MockOut to retain such data;
  • The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
  • The right to object to the processing of personal data;
  • The right to lodge a complaint with a data supervisory authority.

X. Transfer of Data Abroad

MockOut will transfer personal data abroad only when there has been a documented adequacy determination, or where MockOut has confirmed adequate privacy protections.  If MockOut transfers personal data abroad to a third party acting as an agent of MockOut, we will also require the third party to have adequate privacy protections in place.

MockOut will transfer personal data to and on behalf of MockOuts and third parties with whom MockOut has an existing service agreement or as part of our legal obligations, each of which shall be subject to MockOut policies, and only to the extent necessary for purposes of legitimate interests pursued by the data controller (or by a third party).

XI. Information Storage and Security

We employ reasonable security precautions to protect personal information about you.  The Services are operated from a secure environment with integrated security measures to help protect against the loss, misuse, and alteration of personal information provided on or through the Services. However, no method of transmitting or storing data is completely secure.  As a result, although we strive to protect personal information about you, we cannot guarantee the security of any information you transmit to us through or in connection with the Services. If you have reason to believe that personal information is no longer secure, please notify us immediately by contacting us in accordance with the last section below.

XII. External Links

The Services may contain links to various websites that we do not control.  When you click on one of these links, you will no longer be transacting business through the Services.  Third party websites maintain their own privacy policies, and we do not exercise any control over any of the third party websites that may be linked to the Services.  If you visit a website that is linked to the Services, you should consult that website’s privacy policy before providing any personal information. Please be aware that we are not responsible for the privacy practices of such other websites, and we are not liable for their misuse of personal information about you.

XIII. Further Processing.

If we wish to use your personal data for a new purpose, not covered by this Data Privacy Policy, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.

XIV. Updates to this Privacy Statement

We may change or update the Services or any of our policies and procedures without prior notice.  We will post a notice on the Services to advise you of any significant changes to this Privacy Statement and indicate via the “Last Updated” legend at the bottom of this Privacy Statement when it was most recently updated.  Your continued use of the Services signifies your continued assent to the terms of this Privacy Statement, as updated or amended at that time.

XV. Questions Regarding this Privacy Statement

If you have any questions or comments regarding this Privacy Statement, please send us an email at support@mockout.com.

MockOut encourages interested persons to raise any concerns about the collection, use, or processing of personal data using the contact information provided. In the event of a privacy related issue or complaint, MockOut will investigate and attempt to promptly resolve any complaints and disputes regarding use and disclosure of personal data.

For complaints that cannot be resolved, MockOut commits to cooperate with the panel established by the EU data protection authorities (DPAs) or the Swiss Federal Data Protection and Information Commissioner (FDPIC), as applicable, and comply with the advice given by the panel or Commissioner about personal data transferred from the EU or Switzerland. In order to facilitate the handling of complaints, individuals in the EU can choose to contact their national DPA or use the form located at this link:

http://ec.europa.eu/newsroom/document.cfm?doc_id=42962.

Individuals in Switzerland can contact the Swiss Information Commissioner by visiting:

https://www.edoeb.admin.ch/edoeb/de/home.html

This independent dispute resolution process is provided at no cost to the individual.

This Privacy Statement is effective as of June 11, 2016.

Last Updated:  June 9, 2018.