Introduction

Hurdl, Inc. (“Hurdl,” “we,” or “our”) respects your privacy and is committed to protecting it through our compliance with this policy. Hurdl allows you to connect with your favorite team, venue, player, band, singer, TV shows, actor, performer, athlete, entertainer, celebrity, or any other event (collectively “Celebrities”), and have them connect with you, their fans. To help connect you with Celebrities and have them connect with you, we need to collect some information from you. However, we understand you don’t want us to share your information with Celebrities and others that you don’t like – that’s why we created this policy to describe the types of information we may collect from you when you use Hurdl-enabled technology like a wearable bracelet or partner applications like streaming music services or social media sites, or that we may collect or you may provide when you register your Hurdl-enabled technology through our online interfaces such as SMS or other messaging services, or through our integrations with an application you download on your mobile device (collectively, our “Technology”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

Using our Technology.

In e-mail, text, and other electronic messages between you and Hurdl, our partners, and Celebrities.

Information we may collect from streaming music or other social media channels or sites, if you provide your username and password on those services to register, or, when we partner with these sites to give you a more complete fan experience, through cookies and other similar technology these channels or sites leave on your mobile device for us to read. We may also collect information from these services by communicating with their application on your mobile device.

Information we may collect when you use Hurdl-enabled technology at an event, such as a concert, show, game, or convention.

It does not apply to information collected by:

Hurdl, offline or through any other means; or

any third party, including through any content may link to or be accessible from any application that we may integrate with, any social media site, or any other communications you may have with Celebrities as a result of using our Technology.

You should read this policy carefully to understand our policies and practices regarding your information and how we will treat it. It is completely up to you whether you want to use our Technology. If you don’t agree with our policies and practices, please don’t use our Technology. By accessing or using our Technology, you may be part of the event experience and you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy). Your continued use of our Technology after we make changes to the privacy policy is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

We get it, Children under 13 can be fans too. That’s why we allow children to register with our Technology. During the registration process, we may ask the child to provide certain information for notification and security purposes, including a parent or guardian’s email address, the child’s first name and gender, and an account username and password. We may also ask for birth dates from children to validate their ages. We strongly advise that children never provide any personal information in their usernames.

Collection of Parent or Guardian Email Addresses: Consistent with the requirements of COPPA, on any child-targeted site, or in any instance where we ask for age and determine that the user is under the age of 13, we will ask for a parent’s or guardian’s email address before we collect any personal information from the child. We do not use parent or guardian email addresses provided for parental consent purposes to market to the parent or guardian, unless the parent has expressly opted into email marketing or has separately registered using our Technology.

Verifiable Parental Consent: COPPA requires that we first seek a parent or guardian’s consent by email or some other approved means if a child registers with our Technology. In the email we will explain what information we are collecting, how we plan to use it, and how the parent or guardian can provide and revoke consent. We may require the parent or guardian to verify their identity by providing a credit card number or other information which is likely to be only known by the parent. If we do not receive parental consent within a reasonable time, we will delete the parent contact information and any other information collected from the child from our Technology. If you believe we might have any information from or about a child under 13 without parental or guardian consent, please contact us at hello@hurdl.com.

Information We Collect About You and How We Collect It

Information You Provide to Us

To become part of the event experience and to help your favorite (and soon to be favorite) Celebrities contact you, we may collect different types of information. This includes information provided at the time of registering to use our Technology. We may also ask you for information when you enter a contest or promotion sponsored by a Celebrity, and when you report a problem with our Technology. That information may include your name; home, work, billing, and/or shipping postal addresses; e-mail address; Date of Birth; records and copies of your correspondence (including e-mail addresses), if you contact us; and other information you may provide to us, such as your music listening behavior, TV watching behavior, favorite team, favorite player, your favorite bands, singers, or other entertainers.

You also may provide information to be published or displayed (you know, “posted” stuff) on public areas, or transmitted to other users or to Celebrities (we call them “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain posts, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of our Technology with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will reach other fans and/or Celebrities, or that your User Contribution may only be viewed by them and not by people you don’t want to see your User Contribution.

Information We Collect Through Facebook and Other Social Networks, and through applications we integrate with

You may have the option of registering to use our Technology through your Facebook or other social media user name and password. If you do so, we may obtain information from the social media website, including your: age; location; home and/or mobile phone number(s);  home, work, billing, and/or shipping postal addresses; race or ethnic origin; religion or religious beliefs; political organizations or beliefs; sexual orientation or preferences, and Celebrities and other things you have “liked.” You may also register to use our Technology through some applications you download onto your mobile device that we have integrated with to provide you a more complete experience. If you do so, we may also obtain information that you have provided in that application, which may include your name, email address, phone number, and your music listening history and playlists.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Technology or attend an event where our Technology is used, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your use of our Technology and of your visits to websites, including location data, other communication data, and the resources that you access and use while engaging with our technology;

Information about your mobile device or computer and internet connection, including your IP address, operating system, make and model, and browser type;

Events that you attend, how long you stayed, and where your seats were located (geolocation information); and

If you register our Technology using text messages on your mobile phone, your text address/cell phone number.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). If your browser sends a “do not track” signal or similar mechanism to indicate that you do not wish to be tracked or receive interest-based ads, we will honor it and tell those third party websites and other services you are hands off.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Technology and to deliver a better and more personalized service, including by enabling us to:

Estimate audience size at Celebrities’ events;

Get you in touch with Celebrities, and them in touch with you;

Store information about your preferences, allowing us to customize our Technology according to your individual interests; and

Recognize you when you may engage with our Technology again.

The technologies we may use for this automatic data collection may include:

Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Site. Google Analytics uses “cookies” (not the chocolate chip kind), which are text files placed on your computer to help our Technology analyze how users use our Technology. You can find out more about how Google uses data when you use our Technology by visiting “How Google uses data when you use our partners’ sites or apps” (located atwww.google.com/policies/privacy/partners/). We may also use Google Analytics Advertising Features to provide you with interest-based advertising based on your online activity. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.

Information Collected Through Cookies and Similar Technologies

We and our service providers use cookies (still not the chocolate chip kind), web beacons, radio frequencies, and other technologies to receive and store certain types of information whenever you interact with our Technology through your computer or mobile device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you use our Technology again, the cookie allows the Technology to recognize your browser or device. Cookies may store unique identifiers, user preferences, and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our Technology features or services may not function properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends, and providing relevant advertising to you. We may also use cookies left by third parties who we partner with in order to better understand which Celebrities you do and do not engage with.

Third-party Use of Cookies and Other Tracking Technologies.

Some advertisements using our Technology are served by third-parties, including advertisers, ad networks and servers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Technology. The information they collect may be associated with your personal information, or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

To present our Technology and its abilities to you;

To put you in contact with Celebrities, and them in contact with you, including telling you about new events, promotions, or other information that may be  of interest to loyal fans like you;

To fulfill any other purpose for which you provide it;

To tell you about changes to our Technology or any products or services we offer or provide though it;

To allow you to participate in interactive features using our Technology;

In any other way we may describe when you provide the information; and

For any other purpose with your consent.

We may also use your information to help Celebrities contact you about surveys, sweepstakes, promotions, contests, and events that may be of interest to you. If you do not want us to use your information in this way, please email us at hello@hurdl.com. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to Celebrities’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the Celebrity (or their peeps) may assume that you really like them and want them to connect with you.

Disclosure of Your Information

Sometimes the Celebrities like to understand the types of people they appeal to. For example, they may ask us to help them understand the age groups of their fans. To do this, we may combine some of your information with other similar fan’s information into aggregated information, but when we do so, our intent is that it no longer can be used to identify you. We may disclose this aggregated information, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

To contractors, service providers, and other third parties we use to support our business. We have them enter into contracts with us to make sure that they keep personal information confidential and use it only for the purposes for which we disclose it to them.

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Hurdl’s assets or ownership, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Hurdl about users of our Technology is among the assets transferred.

To Celebrities to send you surveys and information about sweepstakes, promotions, and contests, and to market their events to you if you have not opted out of these disclosures. The Celebrities may wish to share your personal information with their sponsors, promoters, and other third parties they use to bring you a great event. For more information, see Choices About How We Use and Disclose Your Information.

For any other purpose disclosed by us when you provide the information.

With your consent.

We may also disclose your personal information:

When we are ordered to do so under any court order, law or legal process, including to respond to any government or regulatory request.

To enforce or apply our terms of use described in this document and other agreements.

If we believe the disclosure is necessary or appropriate to protect the rights, property, or safety of Hurdl, any of the Celebrities, our customers, or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of our Technology may then be inaccessible or not function properly.

Do Not Track. Some browsers allow you to set a preference that you not be tracked when you leave one website and go to another. You can find instructions on how to set your preference here:https://www.eff.org/deeplinks/2012/06/how-turn-do-not-track-your-browser.

Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email at hello@hurdl.com.

Promotional Offers from Celebrities. If you do not wish to have your contact information used by any Celebrities to promote their own events, you can opt-out by sending us an email at hello@hurdl.com. If a particular Celebrity has sent you a promotional e-mail, you may click on the “unsubscribe” link in the email and ask to be omitted from future e-mail distributions.

Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to the Celebrities’ target audience, you can opt-out by sending us an e-mail with your request to hello@hurdl.com.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Digital Advertising Alliance by visiting its website at www.aboutads.info and from members of the Network Advertising Initiative by visiting its website at www.networkadvertising.org. Please note that if you choose to opt out, you will continue to see ads on our Site, but they will not be based on how you browse and shop.

Accessing and Correcting Your Information

You can review and change your personal information by contacting us or by sending us an e-mail athello@hurdl.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from our Technology, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users.

Your California Privacy Rights

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once each calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2016 will receive information regarding 2015 sharing activities).

To obtain this information, please send an email message to hello@hurdl.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

Data Security

We use industry standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Technology are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

Consent to Processing Of Personal Data In United States

If you are a resident of the European Economic Area (EEA), in order to permit Celebrities to contact you, we may send and store your personal information (also commonly referred to as personal data) outside of the EEA, including to the United States. Accordingly, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred. Where such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as within the EEA to the extent feasible under applicable law. By using and accessing our services and Technologies, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website (www.hurdl.com) home page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website (www.hurdl.com) home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Terms of Use for Our Technology

To activate the wearable, you will be asked to provide certain registration details as further described in our privacy policy.  It is a condition of your use of the wearable that all the information you provide is correct, current, and complete.

 

Your Hurdl wearable is provided “as is” and we disclaim all warranties, whether express, implied, statutory or other, and we specifically disclaim all implied warranties of fitness for a particular purpose, title, and non-infringement.  We make no warranty of any kind that your wearable will operate without interruption or achieve any intended result. We have no obligation or liability for any loss associated with your use of the wearable.

 

The wearable and its related features and functionality (including, but not limited to all information, software, text, displays, video, and audio, and the design, selection, and arrangement of these), are owned by Hurdl, and are protected by United States and/or international copyright, trademark, patent, trade secret, and other intellectual property rights laws.  We hereby grant you a limited license to use the wearable while you are part of the event experience.

Contact Information

You can contact us too! To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Hurdl, Inc.

615 Main Street
Nashville TN
37206

(626) 777-5740