"Parent" includes legal guardians.
"Child" means a child that is under the age of 13.
"Personal Information" or "Profile Information" means individually identifiable information including personal information such as a username, first and last name, birthdate, phone number, email address, and other contact information when you register for an account. Depending on how you intend to use DARKHORSE services, additional information may be collected to create a player profile, including but not limited to, height, weight, photograph and/or video and other biographical or personal information, and information about your performance or information relating to your team, league, school, or organization.
"Organization" means the organization with whom you are a member or intend to apply for membership by registering online or authorizing the organization to enter your information into their Site and DARKHORSE's services. The Organization has elected to use and purchased DARKHORSE services to run its operation and offer such services to members.
"Service(s)" means the services offered by DARKHORSE through its websites, mobile applications, services, and tools.
1. Scope of this Policy
2. About Us
Sonador Ventures Inc. d/b/a DARKHORSE ("DARKHORSE," "we," or "our") provides data and performance analysis services used by members, leagues, clubs, teams, coaches, in recruiting and sporting event management. We at DARKHORSE are dedicated to safeguarding your privacy while you enjoy all our services have to offer.
Depending on the DARKHORSE service, a Parent will have the option to do some, if not all, of the following:
Create an account that includes Personal and/or Profile Information
Register your child online for membership and/or access to use the services
Receive certain notifications, email, or text from DARKHORSE and/or other users of the services
Post photographs or videos of your child
Make credit card or ACH payments online
Print medical release, waivers, and other forms as necessary
DARKHORSE services are available to children under the age of 13 only with parental consent. Our services are intended for parents or adult use until a child reaches the age of 13. These services can be used by children under the age of 13 only with significant parental involvement, oversight, and approval.
Children under the age of 13 are not allowed to use DARKHORSE services without a parent's permission. Children under the age of 13 also may not subscribe to or create their own account with DARKHORSE. Children may only have a child account that is established by, and with the permission of, a Parent.
3. Parental Consent
DARKHORSE is required by COPPA to use reasonable efforts to ensure that before we collect any personal information from a child, the child's parent receives notice of and consents to our information practices. As a parent, you should know that through the DARKHORSE services, children under the age of 13 may participate in activities that involve the collection or use of personal information. However, children may not participate in any DARKHORSE activities without a parent's permission.
If your child is under age 13, DARKHORSE must have "verifiable parental consent" before we collect and use your child's personal information. We do this in two ways: (1) Through the parent's registration for their child's participation in an account; be a member of DARKHORSE's user community; or, subscribe to use one of the DARKHORSE services; and, (2) by acceptance of an "email invitation" sent to the parent whereby an account, profile or registration is being created on behalf of the child; or, the child is added to team or club roster; or, the parent confirms the intended purpose to use the DARKHORSE service.
About the collection of parent email address: Consistent with the requirements of COPPA, on any child-targeted site or application, or in any instance where we ask for age and determine the user is under age 13, we will ask for a parent or guardian email address before we collect any personal information from the child. If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please feel free to contact us at firstname.lastname@example.org. We will not use parent emails provided for parental consent purposes to market to the parent, unless the parent has expressly opted in to email marketing or has separately participated in an activity that allows for such email contact.
Teacher Consent in Lieu of a Parent. With regard to school-based activities, COPPA allows teachers and school administrators to act in the stead of parents to provide consent for the collection of personal information from children. Schools should always notify parents about these activities. For more information on parental rights with respect to a child's educational record under the Family Educational Rights and Privacy Act (FERPA), please visit the FERPA site.
4. Information We Collect and How We Collect It
A Parent has many tools to monitor and supervise the child's activities. For example, we allow Parents to edit their child's profile, turn on and off notifications, monitor all postings to the website and mobile application by their child or other Users using the services. Parents should always closely monitor their children's use of the DARKHORSE services. In the event we discover we have collected information from a child in a manner inconsistent with COPPA's requirements, we will either delete the information or immediately seek the parent's consent for that collection.
5. Tracking Activities on the Website and Mobile Application
When your child is logged into his or her account, we may track your child's activities within the website and mobile application. For example, we track the pages visited, the length of time spent logged in, the information submitted about preferences and comments posted via the DARKHORSE service. This information is associated with your child's account and may be combined with the personally identifiable information we collect from him or her.
We may partner with third parties to provide content and/or to display targeted advertisements. We will not share your child's personally identifiable information with these third parties. However, some of these third parties may use tracking technologies, such as cookies and Web beacons, in order to track user activity. We do not exercise control over or have access to these tracking technologies or the information practices of these parties, which are subject to the privacy policies of these third parties.
Parents may request information from us on the type of data being collected, view their child's information, and, if they choose, prohibit us from making further use of their child's information. For more information on how to do this, see the section below entitled "How To Review, Delete or Alter the Information Collected From Your Child."
Push Notifications. Push notifications are notifications on mobile and other devices that are typically associated with downloaded applications, and which can communicate to the device holder even when the application is not in use. We will require a child to provide a parent email address before the child can receive push notifications from our child-directed applications that collect a device identifier. We will then provide the parent with notice of our contact with the child and will provide the parent the opportunity to prevent further notifications. Finally, we will not associate the device identifier with other personal information without contacting the parent to get consent.
6. How To Review, Delete or Alter the Information Collected From Your Child
You can review your child's personal information at any time by logging into their account or profile. You may remove access for your child OR delete your child's account entirely. You can also have your child's personal information deleted and refuse to permit further collection of such information by us.
If you wish to view, delete, or modify the information we have collected about your child or delete your child's account or profile, you may do this by logging in to your account at any time, or by e-mailing us at email@example.com. However, please understand that, even after removal, member content may remain viewable in cached and archived pages or by others if a member or user has copied or stored such content independently of DARKHORSE.
In any correspondence such as e-mail or mail, please include the child's username and the parent's email address and telephone number. To protect children's privacy and security, we will take reasonable steps to help verify a parent's identity before granting access to any personal information.
7. Data Security
DARKHORSE cares about the security of your information, and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through the DARKHORSE services. However, no security system is impenetrable, and we cannot guarantee the security of our systems. In the event that any information under our control is compromised as a result of a breach of security, DARKHORSE will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
DARKHORSE reserves the right to amend this policy at any time. Please check this page periodically for changes. We will post a date of when this policy changes to alert users that a new policy is in place. If we intend to use or disclose your child's personal information in a manner materially different from that stated at the time of collection, we will notify you via email and obtain your consent to such changes.
If you have questions, comments, or concerns about any of our privacy policies or practices, or to raise any other issue related to privacy, you may contact DARKHORSE at: firstname.lastname@example.org
At DARKHORSE, your privacy is of paramount importance. Further, we aim to show you personalized content and ads we think you'll be interested in based on information we collect from you and third parties, so that you enjoy the whole experience. We are committed to protect your personal information and be transparent about how we process your data.
9. Information We Collect From You
We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to customize, provide, and improve our Services, to allow you to set up a user account and profile, to contact you and allow others to contact you, to fulfill your requests for certain services, and to analyze how you use the Services. Certain information may be required to register with us or to take advantage of some of our features. Accordingly, we may ask you to provide the following information:
Date of Birth;
Contact information (email address and telephone numbers);
Photograph and/or video;
Team, league, school, or organization;
Other related information about your performance or affiliation with such team, league, school, or organization
10. Information Other Websites Collect From You
Third-party websites or mobile applications may collect different kinds of personal information and may process such information in different ways. We advise you to review their privacy policies. We are not responsible for their practices and actions.
11. Information Collected Automatically
Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, "cookie" information, the type of browser and/or device you're using to access our Services, and the page or feature you requested. "Cookies" are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device's acceptance of cookies, but this may prevent you from taking advantage of some of our features.
We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services - for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.
12. How is the Information Used?
You have the right to request the deletion of your personal data from our database any time upon sending an email to email@example.com. Please allow us a reasonable time of seven (7) business days to process your requests. We will comply with our obligations and always safeguard your rights under applicable legislation.
With your permission, we use your email address and your other personal information to help us improve and deliver our services to you. The information disclosed to us is essential for your access and use of DARKHORSE services, and our communication with you in connection with our activities (including, but not limited to, confirmation emails and other important updates affecting your relationship with DARKHORSE). Kindly note that some of the communications may also include commercial messages, for instance banner ads, special offers, information about special events, promotions for DARKHORSE or third parties' goods and services.
We further use your personal information to customize content to your interests and preferences, and to contact you in connection with your transactions and other activities on DARKHORSE.
By submitting your personal or public information on DARKHORSE, you are opting in to receive emails from us. You have the right to withdraw your consent at any time. If you do not want to receive communications from us, please indicate your preference by contacting us at (firstname.lastname@example.org) with UNSUBSCRIBE in the subject field.
We will not send you any unsolicited marketing or spam and will take all reasonable steps to protect your rights and comply with our obligations under applicable legislation.
When you purchase, or register for, products or services offered or sponsored by third parties, or elect to receive communications (such as emails or other subscriptions) or to participate in contests or other programs (such as rewards programs), offered or sponsored by third parties on DARKHORSE, you consent to our disclosing your personal information to those third parties. Those third parties may process your personal information pursuant to their own privacy policies. Additionally, you agree that we may use all such information so submitted to such third parties in the same way we are entitled to use and disclose any other information you submit to us.
Third parties with whom we are allowed to share your personal data are authorized to use your personal information in compliance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you consent that we bear no responsibility or liability regarding their actions or omissions.
Agents We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
14. User Profiles and Submissions
Certain user profile information, including your name, location, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services. Your account privacy settings may allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your username may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments.
15. Data Ownership Rights
Special Cases in Which We Share Personal and Financial Information:
16. Transfer of the Business/Bankruptcy
We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party Please note that you will be contacted in advance in the event that we need to transfer your data in this manner. When contacted you will not, however, have the option to delete or withhold your data from the new owner or controller.
17. Law Enforcement
We may also share information if disclosure would mitigate our liability in an actual or threatened lawsuit; if this would be necessary to protect our legal rights and legal rights of our clients and users, business partners or other interested parties; to enforce our agreements with you; and to investigate, prevent, or take other action regarding illegal activity, suspected fraud, or other wrongdoing.
18. Explicit Consent
We may ask for your consent to share your information with third parties. In any such case, we will be transparent about the reason for which we want to share the information.
19. Affiliated Parties
20. How We Use Public Information and Other Demographic Information
21. Residents of California
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties' direct marketing purposes. In order to submit such a request, please contact us at email@example.com and allow seven (7) business days for a response.
22. Our Security Precautions
Your account is protected by a password for your privacy and security. If you access your account via a third-party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We have taken and will continue to take all available security measures to secure data submitted to us against loss, misuse, and alteration. We use secure server software (SSL), one of the best software currently available for secure commerce transactions subject to the industry standards. All your personal and financial information is encrypted and is stored on our servers in encrypted form. However, no security system is impenetrable, and we cannot guarantee complete security. In the event that any information under our control is compromised as a result of unauthorized entry or use, hardware or software failure, and other factors, DARKHORSE will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Your information may be transferred to and maintained on computer or mobile device networks which may be located outside of the state, province, country, or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.
You have the right to ask for a copy of any of your personal data held by us. We will provide all information in response to your request free of charge. Please contact us for more details at firstname.lastname@example.org.
Your Acceptance of These Terms