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If you use the Ballogy apps, services or website, you consent to this policy and the collection, use, and sharing of your personal information as described herein. You may also exercise certain legal rights or choices concerning your personal information, as described below.
Information Collected and Received
Ballogy may collect or receive personal information about you, including, but not limited to, user name, password, first and last name, email address, street address, gender, occupation, and interests. You can choose what information you want to share with Ballogy, however, if you choose to withhold any personal information requested by us, it may not be possible for you to gain access to certain parts of the Ballogy website and/or services. We collect personal information from you at several different points, including but not limited to the following:
- when we correspond with you;
- when you visit the website and/or application, including but not limited to automated data collection such as capturing your IP address, browser details, pages you visit, and other data;
- when you register as an end-user of our service and an account is created for you;
- when you provide information, such as user-contributed content, survey information or join our mailing list;
- when you contact us;
- when the website and/or application sends us error reports or application analytics data; and
- when engaged by a customer to perform services for them or on their behalf.
Ballogy does not require you to include sensitive information (e.g. racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic data, biometric data, data concerning health, or data concerning sexual orientation). In the event that you provide such sensitive information as listed above you acknowledge that you have provided Ballogy explicit consent to receive such information.
Some personal information may also be collected or provided to Ballogy by another person, service provider, or other third-party. If you interact with some third-party services, such as social media companies, particularly where you have an account with the third party, they may collect additional information separate from Ballogy.
Lawful Basis for Processing
Certain jurisdictions require a lawful basis for processing personal information, and we will only collect and process your personal information there where we have a lawful basis. Our lawful basis includes consent (where you have given it), where processing is necessary for the performance of a contract with you, and for the purposes of our legitimate interests or the legitimate interests of our third parties, provided that such interest does not outweigh your rights and freedoms. Examples of legitimate interest include but are not limited to (i) complying with applicable law, (ii) protecting against security or other threats, (iii) administration of our business interests, including improvements and enhancements of our business, and (iv) customer relationship issues.
Your Rights: Access, Correction, Deletion, and Other Rights
We retain the personal information about you, including that personal information you provide to us when you registered with the Ballogy website and/or application or any other information that you volunteered for (i) as long as your account is active or (ii) otherwise for a limited period of time as long as we need to fulfill the purposes for which we have initially collected it or any subsequent authorized use unless otherwise required by law. We retain any information provided as described in the How We Use Your Information section below.
You may have the right to request access to or restrict processing of, the information that Ballogy has on you in certain jurisdictions. You can do this by contacting us at [email protected]. In order to comply with your request, we may have to verify your identity. If you believe that the information that we have about you is incorrect, you are able to contact us at [email protected] with the change request. You may also have the right to request the deletion of any personal information that we have on you in certain jurisdictions. If you wish to do so, please contact us at [email protected]. Note that Ballogy may not be able to delete any depersonalized data on you, any data that is needed for the purposes specified below, or other purposes permitted by the applicable law.
You may also have the right to make a complaint to the relevant data protection regulator. If you need further assistance regarding your rights, wish to exercise a right provided by law that is not listed here, or attempt to resolve a privacy issue prior to contacting regulators, please contact us using the contact information provided below.
How We Use Your Information
Ballogy may use personal information that we collect about you to:
- deliver the products and services that you have requested;
- manage your customer relationship and provide you with customer support;
- perform analysis about your use of the website and/or application;
- communicate with you by e-mail, postal mail, telephone, and/or mobile devices about products or services that may be of interest to you;
- enforce our terms and conditions and other agreements;
- manage our business, including but not limited to sending/displaying advertising/marketing, deidentifying personal information, or use of data to improve and expand the services we offer through testing, development, and other functions;
- conduct a sale of all or substantially all of our business or assets, which includes the sale, assignment, or other transfer of your personal information in connection with such transaction;
- respond to investigation, court orders, legal process, or to investigate, prevent or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the physical safety of any person, or as otherwise required by law;
- when you consent to the usage or sharing of your personal information; and
- perform functions as otherwise described to you at the time of collection.
Ballogy uses other companies to perform services as necessary to our operations. In the course of providing these services, those companies may have access to and use your personal information. Those companies must treat your information in accordance with our contractual agreement with them. However, we will not be liable for any damages that may result from the misuse of your personal information by these companies.
How We Share Your Information
(b) Other Information. Ballogy may collect, use and disclose other information from your use of the website, applications or services, provided such information does not individually identify you or otherwise qualify as personal information (or similar) under an applicable law that restricts its collection, use or disclosure. Ballogy shall have the right to aggregate and/or retain records of such data including, but not limited to, usage, activity logs, and click-throughs. Ballogy may de-identify personal information in accordance with applicable laws and any applicable contractual agreement. Ballogy may disclose data under this section, whether in the form collected or a derivative form, to third parties provided that any information is presented in an aggregate and/or deidentified form.
(c) We May Be Required to Share Your Information. Ballogy reserves the right to disclose information when required by law, such as by a subpoena or other legal proceedings. Ballogy may also disclose your information if we reasonably believe it necessary to (i) comply with requests of law enforcement or other applicable law; (ii) to enforce any agreement between you and us; (iii) to protect the security and integrity of our site, applications, or services; and/or (iv) to protect us, our users or others.
(d) What Happens in the Event of a Change of Control: We may be involved with an acquisition or divestiture of our business, products, or services. Information we maintain including names and email addresses, and other information related to the Ballogy service may be sold or transferred in connection with such transaction. We may also sell, assign or otherwise transfer such information in connection with a sale of all or substantially all of our business or assets. You will be notified via email and/or a notice on our site of any applicable change in ownership or uses of your information.
(e) Behavioral Targeting / Re-Targeting. We may choose to allow advertisers to display advertising on our sites and applications. Our advertisers may use technology such as cookies to gather information about your activities on multiple sites in order to provide you with advertising based on your activities and interests. The only way to opt out of the collection of any information through cookies or other tracking technology is through the settings in your browser or mobile device. Please review your browser or mobile device information for instructions on how to delete and disable cookies, and other tracking/recording tools (to learn more about cookies, clear gifs/web beacons, and related technologies, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). If you access the Ballogy service, websites, and/or applications on your mobile device, you may not be able to control tracking technologies through the settings. For more information, see the Cookies Section below.
(f) Testimonials. We may also disclose statements/reviews made by our visitors/users. If at any point you wish to update or delete your testimonial, please contact us at [email protected].
(g) Service Providers. Ballogy uses other companies to perform services as necessary to our operations, and we may share data with them to perform their services. For example, we may use an outside support/help platform, and a credit card processing company to bill you if you purchase services.
(h) Subsidiaries and Affiliates. Ballogy may share your personal information with its subsidiaries and affiliates for any lawful purpose.
How We Store and Process Your Information; International Transfers
The information collected by Ballogy may be processed and/or stored in the United States or any other country in which Ballogy or its affiliates or service providers maintain operations. Ballogy may transfer information that we collect, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction of domicile to other countries or jurisdictions.
The website is hosted and operated entirely in the United States and is subject to United States law. Any personal information that we collect from you is currently stored and processed in the United States. If you are accessing the website and/or application outside of the U.S., you need to understand that by accessing our website and/or application, you consent to the transfer of your personal information to the United States. Please be advised that United States law may not offer the same privacy protections as the law in your jurisdiction.
Ballogy may act as a Processor or Subprocessor, and not a Controller, with respect to personal information collected on behalf of customers. If we are a Processor or Subprocessor with respect to your data, the processing of your data will be set by the Controller and there may be additional or different terms with respect to your data.
How We Protect Your Information
Ballogy is concerned with protecting your privacy and data, and therefore we use industry-standard technologies when transferring and receiving data exchanged between Ballogy and other persons to help ensure its security. However, we cannot ensure or guarantee the security of any information you transmit to us or guarantee that your information on the Ballogy service may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. If you have any questions about security on our website and/or application, you can contact us at [email protected].
We may use standard Internet technology, such as web beacons and other similar technologies, to track your use on our sites. We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our users to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming, or other activities.
We may allow third parties, including our authorized service providers, advertising companies, and ad networks, to display advertisements on or in connection with our site. Ballogy and these companies may use tracking technologies, such as cookies, to collect information about users who view or interact with these advertisements and connect to the Ballogy sites and/or applications. This information allows Ballogy and these companies to deliver targeted advertisements and gauge their effectiveness.
Global Positioning System
Global Positioning System (GPS) tracking technology may need to be enabled in Ballogy products and services in order to determine the location (latitude and longitude) of users of the Ballogy products and services. You acknowledge and consent to the use of this technology. You have the right to reject the use of this technology by contacting [email protected], however, note that to the extent this technology and its applicable information is used in conjunction with Ballogy’s applications and therefore some elements of the Ballogy’s website and/or application may not be accessible to you. This information may be transmitted to Ballogy, Ballogy’s users, and temporarily stored by Ballogy, as necessary for the services. Ballogy does not provide this information to any other third party, other than its service providers as necessary for the services.
Ballogy may create links to other websites. Ballogy will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual’s right to privacy. However, many other sites that are not associated with or authorized by Ballogy may have links leading to our site. Ballogy cannot control these links and Ballogy is not responsible for any content appearing on these sites.
We do not knowingly collect any information from anyone who we know to be under the age of 13 except in compliance with COPPA. If you are under the age of 13, you should use this website and/or the application only with the involvement of a parent or guardian and should not submit any personal information to us without their permission. Your parent or guardian must open the account. If we discover that a person under the age of 13 has provided us with any personal information without parental consent, we will use commercially reasonable efforts to delete such person’s personal information from all Ballogy systems.
Children under the age of 13 can use the Ballogy site and/or application if their parent or guardian opens the account. Ballogy will not knowingly collect any information on a child under the age of 13 without the parent’s verifiable consent.
The services and other activities involve the collection and maintenance of personal data about children under 13. It is operated by: Ballogy, 13875 Bee Cave Pkwy, Austin, TX 78738. Please contact us at [email protected] with any questions about the collection, use, and sharing of children’s personal data, as well as a list of sub-processors.
The information about children under 13 is disclosed to: Ballogy affiliates, service providers and vendors, other authorized users with whom the child shares and/or communicates, recipients of child communications; government and/ or legal requestors as required by law or in connection with child usage, others as necessary (based on the appropriate consent of the parent/ legal guardian), and other cases as described in the Section titled How We Share Your Information.
No child’s personal data is made available to the public by us. Children can make their personal data available to other authorized users, coaches, or recipients as part of the services.
The parent of a child under 13 (for certain information, subject to any applicable data protection law) can review or have deleted the personal data held by the services and refuse to permit its further collection or use. A parent may do so by notifying Ballogy through a designated contact mechanism and/or notifying us through the contact information below.
In the event that Ballogy discovers that information has been collected from a child under the age of 13 in a manner inconsistent with COPPA’s requirements, Ballogy will delete the information or immediately seek verifiable parental consent for the collection of personal information. If you believe your child is participating in an activity that collects personal information and you, as a parent or guardian, have not received an email providing notice or seeking your consent, please feel free to contact us at [email protected].
COPPA, Parental Rights and Data Collection about Parents
In addition to the information in the section above titled Children’s Privacy, in connection with children under the age of 13, parents (including legal guardians) have specific rights under the Children Online Privacy Protection Act (COPPA). These rights with respect to children under the age of 13 include:
- Direct notice to parents and obtain verifiable parental consent, with limited exceptions, before collecting personal data online from children;
- Give parents the choice of consenting to the collection and internal use and sharing of a child’s information as required by COPPA;
- Provide parents access to their child’s personal information to review and/ or have the information deleted;
- Give parents the opportunity to prevent the further use or online collection of a child’s personal information as required by COPPA;
- Not condition a child’s participation in an online activity on the child providing more information than is reasonably necessary to participate in that activity.
When you agree to the Ballogy terms and conditions or provide parental consent, you expressly agree to the collection of personal data and other information as described herein and in accordance with applicable data protection laws.
Parents may have additional rights under federal, state, and local laws concerning this data. Please contact us using the contact information below to exercise such rights.
To the extent not covered elsewhere, Ballogy also collects personal data or other information about parents, including without limitation, name, contact information, consent requirements, and other information reasonably necessary in connection with the services.
Your California Privacy Rights
Ballogy does not currently respond to browser “Do Not Track” (DNT) signals or other mechanisms, except if required by applicable law. Third parties may collect personal information about your online activities over time and across sites when you visit the website and/or application.
If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information regarding our disclosure of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us by sending an e-mail to [email protected].
Our website and/or application are not intended to appeal to minors. However, if you are a California resident under the age of 18, and a registered user of our website and/or application, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an e-mail with a detailed description of the specific content or information to [email protected]. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
Under California law, California residents who have an established business relationship with us may opt out of our disclosing personal information about them to third parties for their marketing purposes.
Successors and Assigns
The Ballogy site provides users the opportunity to opt out of receiving communications from Ballogy, except transactional correspondence. To opt out of receiving our communications, you can (i) send an email to [email protected]; or (ii) send postal mail to: Ballogy, 13875 Bee Cave Pkwy, Austin, TX 78738.