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Partners

Pickleball TopCo LLC Privacy Policy

Last updated: November 8th, 2022

Pickleball TopCo LLC and its affiliated companies (as described in more detail herein) are committed to protecting your privacy. This Privacy Policy applies to Personal Information that we collect, use, share or otherwise process in the conduct of our business operations, including through the Services that we provide to our users and customers and/or through our Sites (each as more fully defined below).

This Privacy Policy describes the types of Personal Information that we collect; how and for what purposes we use Personal Information; in which circumstances we share Personal Information with third parties; how we secure and retain Personal Information; other information about our compliance with particular data protection laws and regulations; details about individuals’ rights and choices regarding their own Personal Information; and how you can contact us regarding our privacy practices.

Please read this Privacy Policy carefully to understand about policies and practices regarding our treatment of Personal Information. If you do not agree with our practices as described in this Privacy Policy, please contact us with any questions, and please do not access or use our Services, our Sites, or any other aspect of our business.

1.        Overview

This Privacy Policy describes the privacy practices of Pickleball TopCo LLC and its group of affiliated companies, consisting of the following legal entities:

In the event that additional legal entities are created or added to the group of affiliated companies in the future, this Privacy Policy will also apply to such additional legal entities unless otherwise stated, and this Privacy Policy will be updated accordingly.

As used in this Privacy Policy, the terms “we”, “us” or “our” refer to the companies described above, as applicable in the context of the particular Product or Service being provided or the applicable processing operations being performed.

The following terms have the following meanings for purposes of this Privacy Policy:

2.        Information we Collect and Receive

We collect Personal Information directly from individuals, from third parties, and automatically through the Services and Sites. We collect the following categories of information, which may be considered Personal Information when maintained in an identifiable format. The applicable Personal Information is also summarized in Annex 1 below.

We do not collect, in any automated manner, any special categories of sensitive Personal Information.

We also collect and process other types of information and data which does not constitute Personal Information. For example, we may de-identify and aggregate certain Personal Information we collect such that the information no longer identifies, and cannot any longer reasonably be linked to, a particular user or individual. We may use this information to improve our Products, Services and Sites, to analyze trends, to create market research, and for other development, marketing, research and statistical purposes, and we may disclose such de-identified information to third parties for these and purposes.

3.        Purposes and Legal Bases for Use of Personal Information

We use the Personal Information we collect for our legitimate business interests, which include the following purposes:

The following legal bases for processing Personal Information apply to the foregoing purposes (see “European Economic Area, United Kingdom and Switzerland Residents Privacy Rights” for more information):

Purposes of Processing (see above)

Legal Bases of Processing

Providing the Services and Sites

  • Our legitimate business interests
  • Where necessary to enter into or perform a contract with you (upon your request, or as necessary to make the Services available)
  • Compliance with law
  • As necessary to establish, exercise and defend legal claims

Performing contractual obligations

  • Our legitimate business interests
  • Where necessary to enter into or perform a contract with you (upon your request, or as necessary to make the Services available)
  • Compliance with law
  • As necessary to establish, exercise and defend legal claims

Sales and business engagement

  • Our legitimate business interests
  • Where necessary to enter into or perform a contract with you (upon your request, or as necessary to make the Services available)
  • Compliance with law
  • As necessary to establish, exercise and defend legal claims

Personalization

  • Our legitimate business interests

Marketing and promotions

  • Our legitimate business interests
  • With your consent

Advertising

  • Our legitimate business interests
  • With your consent

Analytics and development

  • Our legitimate business interests

Compliance

  • Our legitimate business interests
  • Compliance with law
  • As necessary to establish, exercise and defend legal claims

Business and legal operations

  • Our legitimate business interests
  • Compliance with law
  • As necessary to establish, exercise and defend legal claims

Prevent misuse

  • Our legitimate business interests
  • Compliance with law
  • As necessary to establish, exercise and defend legal claims

4.        How we Share and Disclose Personal Information

We share Personal Information with the following categories of recipients and as set forth below:

We may disclose de-identified or aggregated information that does not identify any individual (and therefore is not deemed to be Personal Information) without restriction.

5.        Data Security

We have implemented privacy and security measures  reasonably adequate to preserve Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction. We use a self-assessment approach to ensure compliance with our privacy statements and verify periodically that our statements regarding our handling and use of Personal Information are accurate and reasonably complete in regard to the information covered. Although we work hard to protect your Personal Information, we cannot guarantee the security of any information you choose to transmit to us through the Services, online forms and applications, chat rooms, or other such mechanisms, and you do so at your own risk. Please note that email is considered a non-encrypted (and therefore nonsecure) form of communication, and it can be accessed and viewed by others without your knowledge and permission. For that reason, to protect your privacy, please do not use email to communicate information that you consider confidential. Unfortunately, no data transmission or storage system can be guaranteed to be secure at all times. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “How to Contact Us” section below. In accordance with applicable law, we will let you know promptly if a breach occurs that we determine may have compromised the privacy or security of your Personal Information.

We are not responsible for any outcome if you circumvent any privacy settings or security measures. When applicable, you are responsible for choosing a password of appropriate strength, not reusing passwords used on other websites, and keeping your password confidential. Our employees will never ask for your password, and you should never share it with anyone.

6.        Retention of Personal Information

We will retain Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy and in order to provide the Services, and for as long as your account is active or as needed to provide Services and Products. We will also retain your Personal Information to comply with our legal obligations, to conduct audits, resolve disputes, and enforce our agreements. We may retain backups of your Personal Information as necessary and appropriate for disaster recovery purposes in the operation and provision of the Services and the Sites.

7.        Children’s Privacy

We are committed to complying with the Children’s Online Privacy Protection Act (COPPA). The Services and the Sites are not directed to children under the age of 13 and children under the age of 13 are not to use or provide any information to the Services or the Sites without express parental consent. We do not knowingly collect Personal Information from children under the age of 13. If we receive Personal Information that we discover was provided by a child under the age of 13 without parental consent, we will promptly destroy such information.

California residents under 18 years of age may have additional rights regarding the collection and sale of their Personal Information. Please see the “California Residents Privacy Rights” section below for more information.

8.        Email Marketing

We may periodically send you relevant alerts and newsletters by email, including for the following purposes:

You may opt out of or withdraw your consent to receive direct marketing emails from us at any time. Instructions on how to unsubscribe from relevant alerts and newsletters are included in each email, or you may opt out or withdraw your consent by contacting us; please see the “How to Contact Us” section below.

9.        Cellular Phone Numbers

By providing a cellular phone number to us, you expressly consent to, and authorize us or a third party on our behalf to deliver calls and/or text messages to the number you provide, including for notifications and account protection. You are not required to consent to these calls and/or text messages as a condition to purchasing any Products or Services, but withholding your consent may prevent us from providing certain Products or Services to you. This consent encompasses all future autodialed or prerecorded calls and text messages from us or a third party placing these calls on our behalf. You may revoke consent to receive calls and/or text messages at any time by contacting us; please see the “How to Contact Us” section below.

10.        Your Personal Information Choices

You have choices in how your Personal Information is used and shared. In addition to the rights specified in this section, under applicable law you may have additional or more specific rights, which we will respect. You have the right to:

We may not act upon requests if we determine that they are manifestly unfounded or excessive, in particular because of their repetitive character.

Account Information: If you have an account with our hosted Services, you may update or correct your account information at any time at: http://sso.pickleball.com.

We may retain certain information, including cached or archived copies, as required by law or for legitimate business purposes.

Cookies: Please see the “Cookies Notice” section below.

Blogs: Our Site may offer publicly accessible blogs. Any comments you provide in the comments sections of these blogs may be read, collected, and used by others. To request removal of any Personal Information you post to our blogs, please see the “How to Contact Us” section below. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

Certain Exceptions to Deletion Request Rights: You have the right to request that we delete any of your Personal Information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete (and, as applicable, direct our service providers to delete) your Personal Information from our records, unless an exception applies. We may deny your deletion request, including where retaining the information is necessary for us or our service provider(s) to do the following (where permitted under applicable law):

Choice and Opt-Out:

Exercising Access, Data Portability and Deletion Rights: To exercise the access, data portability, and deletion rights described above, please submit a verifiable request to us as provided in the “How to Contact Us” section below.

Verification of Your Identity:  Only you, or someone legally authorized to act on your behalf, may make a verifiable request related to your Personal Information. You must:

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a request to exercise your rights does not require you to create an account with us.

11.        Withdrawal of your Consent

Where you have provided consent to process Personal Information, you have the right to withdraw such consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal or the lawfulness of processing based on other lawful bases. You may do this by contacting us as set forth in the “How to Contact Us” section below.

12.        Timing and Format for Responses to Requests

We endeavor to respond to a verifiable request within 30 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

If applicable, the response we provide will explain the reasons we cannot comply with a request. 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 Personal Information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

13.        Cookies Notice

What are cookies and why are cookies used: Cookies are small text files containing a unique string of characters that are stored in your web browser’s memory when you visit a website. When you return to a website that has placed a cookie in your browser, the cookie allows a website provider to recognize that you have visited the site before.

While cookies are often only used to measure website usage (such as number of visitors and duration of visit) and effectiveness (such as topics visitors are most interested in) and to allow for ease of navigation or use and, as such, are not associated with any Personal Information, they are also used at times to personalize a known visitor's experience of a website by being associated with profile information or user preferences. They are also used to provide us with insights into usage of the Services and the Sites in order to help us improve the user experience.

How we use Cookies:  We use cookies and related technologies (“Cookies”) to provide the Services, gather information when users navigate through the Sites to enhance and personalize the experience, to understand usage patterns, and to improve the Services, Products, and the Sites.

Cookies on our Sites are generally divided into the following categories:

For more information on how to control Cookies:

14.        California Residents Privacy Rights

Under the California Consumer Privacy Act (CCPA), California residents have the right to request the following information from us by emailing us at support911@pickleball.com; we will provide the following information to you upon verification of your identity:

In addition, please see the following section of this Privacy Policy: “Information we Collect and Receive”; “Purposes and Legal Bases for Use of Personal Information”; and “How we Share and Disclose Personal Information”.

You may opt out of any marketing by us and from the disclosure of your Personal Information to third parties.

Personal Information Sales Opt-Out and Opt-In Rights: If you are 16 years of age or older, you have the right to direct us to not sell your Personal Information at any time (the “right to opt-out”). We do not sell the Personal Information of consumers 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 at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to Personal Information sales may opt-out of future sales at any time.

Non-Discrimination: We will not discriminate against you for electing to exercise any of your CCPA rights. Unless otherwise permitted by the CCPA, we will not: deny you goods or services, charge you a different price or rate for our goods or services, or provide you a different level or quality of goods or services because you exercised such rights. Under the current definition of CCPA, we do not sell your Personal Information.

Other than as provided above, we may offer you certain financial incentives, as permitted by the CCPA, in exchange for your giving us certain information, which incentives may result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Eraser Law: In accordance with the Privacy Rights for California Minors in the Digital World Act (“Eraser Law”), California residents under the age of 18 who have posted their content or personal information to the Sites or the Services may have the right to remove, or to request and obtain removal of, certain of such content or personal information. Please be aware of that, in accordance with the Eraser Law, such removal may not ensure complete or comprehensive removal of all of the content or information posted on the Sites or the Services by the individual. Please contact us at support911@pickleball.com if you have any questions or in order to request such removal.

Types of Information We Collect: Please see the “Information we Collect and Receive” section above and Annex 1 below.

15.        European Economic Area, United Kingdom and Switzerland Residents Privacy Rights

Your Personal Information will be treated in a secure and confidential manner, using appropriate technical and organizational measures, in compliance with all applicable laws and regulations, including the European General Data Protection Regulation (GDPR), the UK General Data Protection Regulation (UK GDPR), and the Swiss Federal Act on Data Protection. Depending on the context in which personal information is provided, we may be a data processor (“processor”) or a data controller (“controller”) of your personal information.

As applicable under the GDPR and UK GDPR, individuals have additional rights including the following:

Lodging a Complaint: You also have the right to lodge a complaint with your local supervisory authority for data protection, or privacy regulator. A list of data protection supervisory authorities is available at https://edpb.europa.eu/about-edpb/about-edpb/members_en.

Submitting a Request: To exercise the above rights or contact us with questions or complaints regarding our treatment of your personal information, contact us at support911@pickleball.com. Please note that we may request proof of identity, and we reserve the right to charge a fee where permitted by law, especially if your request is manifestly unfounded or excessive. We will respond to your request within the applicable timeframes set out by law.

International Transfers: If you are located within the European Economic Area, the United Kingdom or Switzerland, you should note that your personal information may be transferred to countries outside these jurisdictions, including the United States where we or certain of our third-party service providers are located. The United States is deemed by the European Union to provide inadequate data protection. Transfers of your Personal Information between us and a third party shall be done pursuant to adequate protections, which may include Standard Contractual Clauses, your explicit consent, and/or other permitted mechanisms under applicable law.

In addition, please check the following sections of this Privacy Policy: “Information we Collect and Receive”; “Purposes and Legal Bases for Use of Personal Information”; “How we Share and Disclose Personal Information”; “Your Personal Information Choices”; and “Withdrawal of your Consent”.

If you have any questions or concerns regarding this Privacy Policy or our privacy practices, including the processing of your personal information, if you would like to exercise your data rights under applicable laws, or if you believe your privacy rights have been violated, please contact us as provide in the “How to Contact Us” section below.

16.        Links to Third-Party Sites

Occasionally we may provide links to other sites for your convenience and information. These sites operate independently from our Sites and are not under our control. These sites may have their own privacy notices or terms of use, which you should review if you visit any sites linked through our Sites. We are not responsible for the content or use of these unrelated sites. 

17.        Updates to this Privacy Policy

We may change this Privacy Policy from time to time, and at our sole discretion. Any updates will be posted here or at a similar location elsewhere on the Sites. We encourage individuals to frequently check this page for any changes to the Privacy Policy.

18.        How to Contact Us

If you have any questions or concerns about this Privacy Policy or our Personal Information handling practices, please contact us at support911@pickleball.com or write to us at 2100 Ross Ave, Ste 550, Dallas, TX 75201.

Annex 1

Types of Information We Collect – CCPA Table

We collect, and have collected in the past 12 months, the following categories of Personal Information from customers, users of the Services, and visitors to the Sites:

Category

Examples

A. Identifiers.

A real name, alias/nickname, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name or other similar identifiers.

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

A name, signature, physical characteristics or description, address, telephone number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information.

Some personal information included in this category may overlap with other categories.

C. Protected classification characteristics under California or federal law.

Age (40 years or older), gender.

D. Commercial information.

Records of products or services purchased, obtained, or considered.

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

G. Geolocation data.

Physical location or movements.

I. Professional or employment-related information.

Current or past job history or performance evaluations.

K. Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, abilities and aptitudes.

        

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Partners