Welcome! We thank you for participating in the C11 Survey (the “Survey”) provided by C11, LLA., a Milwaukee corporation (collectively, “Company” or “C11” or “we” or “us” or “our”). By using the App, you agree to the collection and use of information in accordance with this Privacy Policy. This Policy is subject to and incorporated within the App’s Terms of Use (“Terms”), including its provisions on liability and dispute resolution. Capitalized terms not otherwise defined in this Privacy Policy shall have the meanings ascribed to them in the Terms.
OVERVIEW
We respect your privacy. This Privacy Policy describes the Personal Data we collect about you, how we collect it, how we use it and with whom we share it. This Privacy Policy also describes the choices you can make about how we collect and use your Personal Data. This Policy does not apply to the practices of companies that we do not own or control, or to people whom we do not employ or manage.
DEFINITIONS
• Data Controller. Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any Personal Data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
• Data Processors (or Service Providers). Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the service of various Service Providers in order to process your data more effectively.
• Data Subject (or User). Data Subject is any living individual who is using our App and is the subject of Personal Data. For the purpose of this Privacy Policy, you are a Data Subject.
• Personal Data. Personal Data means information about a living individual who can be identified from such information (or from those and other information either in our possession or likely to come into our possession).
• Usage Data. Usage Data is data collected automatically by the use of the App itself (for example, dates and times of App usage, the duration of the use of the App, iOS device IP address, iOS device characteristics, and information on actions taken on our App).
HOW WE COLLECT YOUR PERSONAL DATA:
We collect information in different ways from individuals who download and subscribe to the App. We collect information from you in the following ways:
• When you fill out this survey
• When you provide information to create your account and profile.
WHAT TYPES OF PERSONAL DATA WE COLLECT:
We collect different information from you depending on how you engage with us.
• We collect your name, your phone number and an email address (yours or, if you are a minor, your parent’s or legal guardian’s) when you provide it to us to create your account and profile.
HOW WE PROCESS AND USE YOUR PERSONAL DATA:
We may process and use your Personal Data primarily to perform a contract with you, and to otherwise deliver App functionality or a feature of the App that you request, including:
• To validate your identity.
• To create your profile.
We may also process your Personal Data because it is necessary for our or a third party’s legitimate interests and it’s not overridden by your rights. In this respect, we may use your Personal Data to:
• To contact you via email, to learn more about your preferences, to conduct market research and learn more about how we can improve our offerings.
• To track App performance, to make your App experience better, and for aggregate App analytics.
• To analyze trends, challenge popularity, and to gather demographic information about our User base as a whole.
We may also process your Personal Data for our compliance with our legal obligations. In this respect, we may use your Personal Data for the following:
• When necessary to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us, whether or not a response is required by applicable law.
• When necessary to enforce or apply our Terms and other related agreements.
• To protect our rights or the property or safety of our employees, Users or members of the general public.
WITH WHOM WILL WE SHARE YOUR PERSONAL DATA:
We generally do not share your Personal Data with third parties. However, we may share your Personal Data:
• If we have received your permission beforehand, such as when you request to submit your challenge performance to the applicable training.
• With Club América to send you information, advertising, and promotions from sponsors, operators, commercial partners, and third parties.
• With our employees, if necessary for the development, improvement, and provision of our App. Our employees must have a business reason to obtain access to your Personal Data.
• With Service Providers, as processors when they meet the requirements of this Privacy Policy, and when necessary for the purposes of providing the App.
• Under certain circumstances, if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
• If in good faith, we believe that such action is necessary to comply with a legal obligation or to protect and defend our rights or property.
• To a successor entity upon a merger, consolidation or other corporate reorganization in which we participate or to a purchaser of all or substantially all of our assets to which this App relates.
YOUR DATA PROTECTION RIGHTS AND CHOICES:
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us using the details set out below. You have the right to:
• Access or update the information we have on you. Find out if we use your Personal Data, access your Personal Data and have it corrected or amended if it is inaccurate or incomplete.
• Withdraw consent. Withdraw any express consent that you have provided to the processing of your Personal Data at any time without penalty.
• Object. You have the right to object to our processing of your Personal Data.
• Data portability. Obtain a transferable copy of some of your Personal Data which can be transferred to another provider when the Personal Data was processed based on your consent.
• Rectification. If you believe your Personal Data is inaccurate, no longer necessary for our business purposes, or if you object to our processing of your Personal Data, you also have the right to request that we restrict the processing of your data pending our investigation and/or verification of your claim.
• Deletion or restriction. Request your Personal Data be deleted or restricted under certain circumstances. For example, if C11 is using your Personal Data on the basis of your consent and has no other legal basis to use such, you may request your Personal Data be deleted when you withdraw your consent.
If you wish to exercise any of these rights, or raise a complaint on how we have handled your Personal Data, please contact us at
[email protected] via the details below.
You additionally have a right at any time to stop us from contacting you for promotional marketing purposes. If now or in the future you receive promotional or electronic newsletter communications from us, you may indicate a preference to stop receiving such communications from us, and you will have the opportunity to “opt-out” by clicking the “Unsubscribe” hyperlink at the bottom of all such communications. Notwithstanding your indicated email marketing preferences, we may send you administrative emails regarding the App, including, for example, updates to our Privacy Policy or the Terms.
Users of the App from California:
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a policy identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this Privacy Policy, please submit a written request to the address below.
Using our App outside the United States:
We store and process all Personal Data within the US.
If you are using our App from outside the United States, please be aware that your information will typically be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your Personal Data is protected. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
RETENTION OF DATA:
We 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 perform a contract with you, 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.
We 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 to improve the functionality of our App, or we are legally obligated to retain this data for longer time periods.
SECURITY OF DATA:
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. We take precautions to insure that Users’ Personal Data is secured and we strive to use commercially acceptable means to protect your Personal Data, but we cannot guarantee its absolute security.
We use a variety of industry-standard technical, contractual, administrative and physical security measures and procedures to help protect your Personal Data from unauthorized access, use, alteration or disclosure. Unless otherwise provided, we restrict access to Personal Data to those employees who need access to perform their job functions. Please note that despite our best efforts, no one can guarantee the security of Personal Data. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of Personal Data at any time.
SERVICE PROVIDERS:
We may employ Service Providers, to process App-related data on our behalf, to perform App-related service or to assist us in analyzing how our App is used. Each of these Service Providers is contractually obligated to provide services to us in a manner consistent with this Privacy Policy.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose and must comply with the requirements for third party processors set forth in this Privacy Policy.
As all payments for subscriptions of the App are handled through Users’ iOS apple id, we do not collect or retain any payment information or share any such information with any third party.
OUR LIABILITY FOR TRANSFERS OF YOUR PERSONAL DATA:
We require third-party controllers to whom we disclose your Personal Data to contractually agree to (i) only process such Personal Data for the limited and specified purposes consistent with the consent you provide; and (ii) provide the same level of protection to your Personal Data as required under this Privacy Policy; and (iii) notify us if the third-party controller makes a determination that it can no longer meet the foregoing obligations.
In addition, when we transfer your Personal Data to a third party processor acting as our agent, we will: (i) transfer such Personal Data only for the limited and specified purposes consistent with the request or consent you provide; (ii) contractually require the processor to provide at least the same level of privacy protection as is required by this Privacy Policy; (iii) require the processor to notify us if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the this Privacy Policy. Should we receive any such notice, we will take reasonable and appropriate steps to stop and remediate unauthorized processing.
We shall remain liable should our processors process Personal Data in a manner inconsistent with this Privacy Policy, unless we can prove we are not responsible for the event giving rise to the damage. We acknowledge our liability for such data transfers to third parties in violation of this Privacy Policy.
CHILDREN’S PRIVACY AND INTERNATIONAL CONSIDERATIONS:
Our App is not intended for use by anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child under the age of 13 has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from any children under the age of 13 without verification of parental consent, we take steps to remove that information from our servers.
CHANGES TO THIS PRIVACY POLICY:
From time-to-time we may modify, change, update, add to, remove portions of or otherwise alter this Privacy Policy. We will notify you of any changes by email or by posting the new Privacy Policy on through the App.
We will let you know via email and/or a prominent notice on our App, prior to the change becoming effective and update the “effective 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. If you object to any such changes, you must immediately cease using the App.
LIABILITY RELEASE CLAUSE
1. Assumption of Risk: By signing this waiver, I acknowledge that I am voluntarily participating in a Club América Activation. I understand that participation in this activity carries inherent risks, including but not limited to sprain or strained ligament, broken bone, contusion, dislocation, which could result in personal injury, illness, permanent disability, or death. I voluntarily assume all risks associated with my participation.
2. Release of Liability: In consideration of being allowed to participate in the Club América Activations I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby release, waive, discharge, and covenant not to sue Club América, C11 Marketing, its officers, directors, employees, volunteers, agents, and affiliates (collectively referred to as "Releasees") from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused by the negligence of the Releasees or otherwise, while participating in the Club América Activations or while on the premises where the América Activation is conducted.
3. Indemnification: I agree to indemnify and hold harmless the Releasees from any loss, liability, damage, or costs, including court costs and attorneys' fees, that they may incur due to my participation in the Club América Activations, whether caused by the negligence of the Releasees or otherwise.
4. Medical Treatment: I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during the Club América Activations, I agree to pay all costs associated with such medical treatment and indemnify and hold harmless the Releasees from any costs incurred therein.
5. Governing Law: This Liability Release Clause shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
6. Acknowledgment of Understanding: I have read this Liability Release Clause, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
7. Release of Likeness: In consideration of being allowed to participate in the Club América Activations I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby authorize Club América to photograph or film me and consent to the use of my likeness and image in any and all publications, educational materials, research, marketing, advertising, news media, and Web materials.
I understand and agree that such materials, including all negatives, positives, digital images, videos, and prints shall become and remain the sole property of Club América and I shall have no right or title to such items. I agree that the Club América does not owe me any compensation for the acts that I have consented. I further understand and agree that these materials may be kept on file and used by Club América for potential future purposes and further agree to release the Club América from any and all liability arising from or in connection with the taking, use, publication, or dissemination of such materials.
CONTACT, QUESTIONS, OR FEEDBACK:
When we receive formal written complaints, it is our policy to contact the person regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of Personal Data that cannot be resolved between us and an individual.
