IMPORTANT: BY USING THE SERVICES YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.
1. Types of Information We Collect
In order to better provide you with the services offered on our Sites and App, we collect two types of information about our users: Personally Identifiable Information (“PII”) and Aggregate Information.
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on our Sites or App, such as registering for an account, downloading or purchasing a product or service, submitting content and/or posting content in the user forums, or sending us feedback, we may ask you to provide certain information about yourself. Examples of PII may include your first and last name, email address, mailing address (including zip code), telephone number, university or college you attend, and other identifying information. When ordering products or services, you may be asked to provide a credit card number.
Aggregate Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Sites and APP and what other sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the Websites’ Uniform Resource Locator (“URL”) that points to the site you just came from, which URL you go to after visiting our Sites, what browser you are using, and your Internet Protocol (“IP”) address.
2. How We Collect and Use Information
We do not collect any PII about you unless you voluntarily provide it to us. You may, however, be required to provide certain PII to us when you elect to use certain products or services available on our Site and App. These may include: (a) registering for an account; (b) entering a tournament sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting a form or transmitting other information by telephone or letter; or (e) submitting your credit card or other payment information when ordering and purchasing products and services through our Sites or App. When processing certain information, such as payment information with affiliated banking institutions or payment processors, we encrypt the transaction, using Secure Socket Layer (SSL) encryption technology, in order to prevent your PII from being stolen or intercepted. Additionally, your credit card information is never stored on our servers.
We may also collect certain Aggregate Information. For example, we may use your IP address to diagnose problems with our servers, software, to administer our Services and to gather demographic information.
3. Cookies and other technologies
4. Release of Information
We will not sell, trade, or rent your PII to others. We do provide some of our product and service offerings through contractual arrangements made with affiliates, service providers, partners and other third parties (“Service Partners”). We and our Service Partners may need to use some PII in order to perform tasks between our respective sites, or to deliver products or services to you. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on our Sites or App; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service.
Occasionally we may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities. In such cases, we will disclose PII upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our Services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
5. Updating and Correcting Information
We believe you should have the ability to access and edit the PII that you have provided to us. You may change any of your PII in your account online at any time by linking to your account in accordance with instructions posted elsewhere on the Sites and/or App. You may also access and correct your personal information and privacy preferences by emailing or writing us at:
Brag House Inc.
33 Irving Place, 10th Floor
New York, NY 10003
Attn: Privacy Compliance Officer
Please include your name, address, and/or email address when you contact us.
We encourage you to promptly update your PII if it changes. You may ask to have the information on your account deleted or removed; however, some information, such as past transactions, logs of technical support calls, or other information may not be deleted. In addition, it may be impossible to completely delete your information without some residual information because of backups.
6. User Choices on Collection and Use of Information
We may, from time to time, send you emails regarding new products and services that we feel may interest you. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally call or send you direct mail about products and services that may be of interest to you. Only Brag House (or agents working on behalf of Company and under confidentiality agreements) will send you these solicitations, and only if you have previously indicated that you wish to receive them. If you do not want to receive solicitations from us, you can “opt-out” by accessing your account online and editing your account information to no longer receive such offers and mailings.
You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Services may not work properly in your case.
7. Security of Your PII
At our Sites and App you can be assured that your PII is secure, consistent with current industry standards. We strive to take appropriate security measures (physical, electronic, and procedural) to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your PII. For example, we limit access to authorized employees or third parties who are under an obligation to keep such information confidential. We also only keep collected information for as long as reasonable and use it only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements. Our secure servers and our data centers are protected by industry-standard encryption, and our servers reside behind firewalls and employ high-level password protection. Access by you to your PII is available through a password and unique customer ID selected by you. This password is encrypted and we recommend that you do not divulge your password to anyone.
In order to most effectively serve you, credit card transactions and order fulfillment are handled by established third party banking institutions and processing agents (such as PayPal). They receive the information needed to verify and authorize your credit card or other payment information and to process your order.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through our Sites or App cannot be guaranteed; and (c) any information that you provide us is done so entirely at your own risk.
8. California Privacy Rights
California Consumer Privacy Act
California residents (“CA customers”) have certain rights concerning their personal information, including under the California Consumer Privacy Act of 2018 (“CCPA”). The preceding sections of this notice describe Brag House’s practices regarding the collection, use, disclosure, and sale of personal information. This section supplements the preceding sections by describing CA customers’ additional rights with respect to their PII and explaining how to exercise such rights.
As discussed above, Brag House collects and use the following categories of PII addressed in the CCPA for the business commercial purposes described in this notice: real name; username; postal address; email address; telephone number; date of birth and age; profile photographs; gender information; credit card, debit card, and bank account numbers and other payment and financial information; tax information and documents; commercial information, including records of products or services purchased; information on users’ interaction with our Services, including information on preferences, usage, communications, subscriptions, SNS usernames, associations, likes, and public profile information; and inferences drawn from such information. We collect this PII from the categories of sources described above. We may disclose the foregoing categories of PII for our business and commercial purposes to the extent permitted by applicable law.
Right to Know About PII Collected, Used, Shared, or Sold
CA customers have the right to request that we disclose the following information for the period covering the 12 months preceding their request:
- the categories of PII we collected about you;
- the categories of sources from which we collected PII about you;
- the categories of PII that we have disclosed about you for our business purposes and the categories of suppliers to whom the PII was disclosed;
- the categories of PII that we sold to third parties and the categories of third parties to whom the PII was sold, if any;
- the business or commercial purpose(s) for which PII about you was collected, shared or sold; and
- the specific pieces of PII we collected about you.
Right to Request Deletion of Personal Information
CA customers have the right to request that Brag House delete the PII we maintain about them, subject to certain exceptions.
Right to Opt-Out of the Sale of PII
CA customers have the right to opt-out of a business’s sale of their PII. Under the CCPA, the terms “sell,” “selling,” or “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a CA customer’s personal information to another business or third party for monetary or other valuable consideration. The CCPA provides that a business does not sell personal information when:
- the customer uses or directs the business to intentionally disclose his or her personal information or uses the business to intentionally interact with a third party, as long as the third party does not also sell the personal information; or
- the business uses or shares with a service provider personal information of a customer that is necessary to perform a business purpose, as long as (i) the business has provided appropriate notice that personal information is being used or shared and (ii) the service provider does not further collect, sell, or use the personal information of the customer except as necessary to perform the business purpose.
Brag House allows certain companies to place tracking technologies on our Services, which allow those companies to receive information about your activity on our Services that is associated with your browser or device. Based on our understanding of the CCPA, Brag House believes this is not a “sale” of personal information and that we have not sold the personal information of CA customers, including minors under 16 years of age, within the preceding 12 months, nor will we do so going forward.
Right to Non-Discrimination for Exercising Privacy Rights
Brag House will not discriminate against CA customers for exercising their rights under the CCPA.
How to Exercise Your Rights
You may submit a request by emailing us at firstname.lastname@example.org. When we receive a request, we will verify the identity of the requestor respond within the periods set by California law. If a CA customer has a password-protected account with Brag House, we will verify their identity through our existing authentication practices and will require the requestor to re-authenticate themselves before disclosing or deleting their data. If a CA customer does not have a password-protected account, we will take reasonable steps to verify their identity in accordance with the CCPA prior to responding any request. The verification steps may vary depending on the sensitivity of the PII. If we cannot verify a requestor’s identity using these methods, we may use an appropriate third-party verification service.
Designating an Authorized Agent to Submit Privacy Requests
CA customers may use an authorized agent to submit a Request to Know or a Request to Delete. An authorized agent is a person or entity registered with the California Secretary of State that a CA customer has authorized to act on his or her behalf. If you choose to submit a privacy request to Brag House through an authorized agent, we may require that you provide the agent with written permission to do so and that the agent verify their own identity. If your privacy request is submitted by an agent without proof that they have been authorized by you to act on your behalf, we may deny the request.
“Shine the Light” Law
A CA customer who has provided personal information to a business can request a notice from the business identifying all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.
9. Non-US Residents
The Services are intended for United States (US) residents. By using and accessing our Services users who reside outside of the US agree and consent to the transfer and processing of PII on servers located outside of the country where they reside and acknowledge that the protection of such information may be different than required under the laws of their residence or location.
10. GDPR Privacy Notice
This notice is for people who are located in the European Economic Area (“EEA”). Our processing of personal data of people who are in the EEA is governed by the General Data Protection Regulation (the “GDPR”). The GDPR requires us to provide certain information to you about your personal data, which we refer to in this notice as your PII.
Purposes of the processing
Information regarding the transfers of personal data outside of the EEA
Brag House’s main administrative offices are based in the US and that’s where we process PII collected through our Sites and App. When you provide PII to us, we request your consent to transfer that PII to the US. The US does not have an adequacy decision from the European Commission, which means that the Commission has not determined that the laws of the US provide adequate protection for personal information. Although the laws of the US do not provide legal protection that is equivalent to EU data protection laws, we safeguard your personal information by treating it in accordance with this GDPR Privacy Notice. We take appropriate steps to protect your privacy and implement reasonable security measures to protect your personal information in storage. We use secure transmission methods to collect personal data through our Sites and App. We also enter into contracts with our data processors that require them to treat personal information in a manner that is consistent with this Notice.
Retention period for personal information
How long we retain PII varies according to the type of information in question and the purpose for which it is used. We delete PII within a reasonable period after we no longer need to use it for the purpose for which it was collected (or for any subsequent purpose that is compatible with the original purpose). This does not affect your right to request that we delete your personal data before the end of its retention period. We may archive personal data (which means storing it in inactive files) for a certain period prior to its final deletion, as part of our ordinary business continuity procedures.
Your rights to access, correct, restrict or delete your personal data and object to processing
The right to lodge a complaint with a supervisory authority
You have the right to file a complaint concerning our processing of your personal data with your national (or in some countries, regional) data protection authority. The EU Commission has a list here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
Finally, users of our Sites and App are under no statutory or contractual requirement or other obligation to provide personal information to us via our website.
You must be at least 18 years old to have our permission to use our Services. We do not knowingly collect, use, or disclose PII about minor users.