Your privacy is important to us and these Terms and Policies are in place to protect you, and our Company. If you don’t agree with anything in these Terms or Policies, you should not use our services.
The services (“Services”) available on and through the website, and mobile apps, are provided by Pivot. Your use of the Services is governed by the Terms and Policies.
Please read these documents (“Agreement”) carefully and save it. If you do not agree with it, you should not use the website, mobile app, or any of its applications and discontinue use of the Services immediately.
Commitment to GDPR
Pivot Sports, LLC, has a commitment to the compliance with the General Data Protection Regulation (“GDPR”). Please see the GDPR section in the Terms and Policies for further information.
- Acceptable Use : You must not use the Services in any way that causes, or may cause, damage to the Services, or impairment of the availability or accessibility of the Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software. We do not allow any systematic or automated data collection activities (including without limitation to scraping, data mining, data extraction and data harvesting) on or in relation to this website without The Company’s express written consent.
Limitations of liability
: The Company will not be liable to you (whether under the law of contract, the law of torts, or
otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Services:
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data; or
- For any loss of data; or
- For any loss of employment, whether self-employed or with another company
These limitations of liability apply even if The Company has been expressly advised of the potential loss.
The users of our Services (“User” or “Users”) may not violate any legal rights of any other person while using the Services. The User may not use the Services to advertise for profit. The User may not modify anything on the Services, or within the Terms and Policies.
- Intellectual Property : The contents, logos, website, app code, and other visual media created is property of The Company, and is protected by copyright laws, trademarks, patents, and other intellectual property rights. Any unauthorized personal or commercial use of this property, or reproduction, is strictly prohibited, unless written consent is given by The Company. Any information, data, or content obtained and viewed from The Company may not be used for commercial use. Users are prohibited from modifying the content or game data; Pivot holds the right to shut down profiles of Users who break the Intellectual Property terms or falsely manipulate data.
- Termination : User accounts may be terminated at any time if The Company finds any unethical, illegal, or unwanted activity on or associated with an account. We reserve the right to decline Services for any reason.
- Governing Law Agreement: Local, state, and national laws govern this agreement; insomuch as The Company is located in the United States of America, local laws to this country will govern this agreement. Please see the section on the GDPR for more information related to regulation passed by the European Parliament.
- Links to Third-Party Websites : The Company is not responsible for any third party websites that are accessed through The Company’s Services. Users are responsible for reading the Terms and Conditions and Privacy Policies of these third party websites.
- Reasonableness: By using the Services, you agree that the exclusions and limitations of liability set out in the Terms and Policies are reasonable. If you do not think they are reasonable, you should not use the Services.
- Data & Content: This section will outline the types of data we collect and use of the data.
- Data on Sports Teams: Users of the Services voluntarily enters statistical data into our app, related to their sports team’s play-by-play information. This data is recorded and analyzed through The Company’s website, server, tools, code, and other services. The data is then used to produce outputs and information specific to the User’s team, as it relates to their statistical and analytical performance. This data may be kept, stored, and used by The Company, even if a user account is dormant. The Company holds the right to use the sports data for the indefinite future, and can publish the data in an aggregated or anonymous form, without the consent of the User. The Company will not publish data and simultaneously identify it with User information, without first receiving consent specifically for that use.
- The Company uses the game data, entered by the User, to give the User a personalized experience, as well as information on their players and team. We will analyze the data to give you personalized information and analytics. We will also use your data for research and development, which may include, but is not limited to, publishing reports on statistical and analytical findings, creating new statistical and analytical metrics, using social media to market and advertise, etc.
- Users have the right to their sports data and can print off or record any data they enter into their profile accounts. Users can ask The Company, in writing, to delete their account. If an account is deleted, all sports data associated with the account may be deleted and no longer be used by The Company. If an account is deleted at the request of the User, the data will no longer be recoverable. Deleting a user account is a permanent action.
- Personal Information: We collect information about you personally when you sign up for an account. For example, we ask for an email account and ask you to create a user password to access our Services. Account information is stored on our servers, and may include photos the user uploads, and any other information entered into their account. If a user asks for their account to be deleted, we will delete all information from our servers, including email addresses, passwords, player names, zip codes, and any other unique identifier.
- Cancellation & Refund Policy: Users agree to pre-pay for services that will give them access to Pivot’s tools for a specified number of months, according to their subscription duration. Users can cancel their subscription or request their account be deleted at any time; however, they will not be refunded for the remaining months on their subscription, if any remain. There is no refund policy and all sales are final. Only in extreme circumstances will refunds be considered by The Company, but only after a written request is submitted with a detailed explanation.
- Subscriptions & Automatic Renewal Clause: All subscriptions are final; refer to Section 10 for cancellation and refund policy. When a User enters into a subscription, regardless of term, the user will automatically be renewed at the end of the original term, for the same term as the original subscription; i.e., monthly subscriptions will automatically be renewed for another month indefinitely, as will annual subscriptions be renewed for another annual subscription indefinitely. The automatic renewal will continue until the user cancels the subscription. Pivot reserves the right to change pricing at anytime.
- Discounts: The Company may provide discounts for subscriptions at their discretion. No User is entitled to a discount, and The Company has full discretion as to who receives discounts, when they receive them, and for how long they receive them. Discounts may only be active for the original subscription term of the user. Discounts will not carry over to renewal subscriptions; i.e., a discount is only valid for the first month of a monthly subscription and the first twelve months of an annual subscription. Any renewals generally will not receive the original discount.
- Severability: If a provision of these Terms or Policies is determined by any court, or other legal competent authority, to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Entire Agreement: These Terms and Policies constitute the entire agreement between you and The Company in relation to your use of the website and apps, and supersede all previous agreements in respect of your use of the website and apps.
- Variation : The Company may revise these Terms and Policies as needed. Revised Terms and Policies will apply to the use of the apps and website from the date of the publication. Please check this page regularly to ensure you are familiar with the current version.
- Responsibility of User: It is the responsibility of the Users to create and maintain their username and password. The Company is not responsible if the User loses or forgets his or her password and cannot login to use the Services. The Company will try to restore the profile of the user, however, the Company is not responsible for lost data.
- Affiliations & Regulations: Pivot is not affiliated with any association, including the NCAA or other governing basketball or sports bodies. It is the responsibility of the User to know and understand the rules and regulations of the NCAA, and any other governing bodies, as it relates to the use of technology or other services provided by The Company. Pivot is not responsible for any discipline that might be imposed by any governing body because of the use of our Services.
- General Data Protection Regulation (GDPR): We are committed to the compliance of the General Data Protection Regulation, as passed by the European Parliament, in April 2016. While this directive only applies to users within the European Union, United Kingdom, Norway, Iceland, and Liechtenstein, we are committed to providing this level of privacy and security to all Users. Below are a few highlights of this regulation we want to bring to your attention:
- Personal data is anything that can be used to identify you, either directly or indirectly. Examples of personal data include, but are not limited to, photos, email addresses, names, IP addresses, and posts to social media. We are committed to the privacy and protection of your personal data. You can request that We delete your personal data from our Services at any time; however, deleting personal data will mean you can no longer use our Services, and any previously recorded statistical data from your sports team may be lost. We use your personal data to identify you and your team. We may use your email address to contact you, for which you always have the right to unsubscribe from our communications. Please see other uses of your information and data in Section 9 of these Terms.
- Parental consent is required for the use of our Services on any child under the age of 16. If you are a coach, player, manager, or anyone else, who uses our Services to track the statistics for your sports team, by agreeing to the Terms, you attest that the parents or legal guardians of any player on the team you are tracking, who is under the age of 16, has given their consent to the use our Services.
- You may contact us at anytime to understand in more detail how your data is being stored and used.
- We use third-party vendors and outsource our work to companies that comply with GDPR. You can contact us at anytime to get a list of third-party vendors we use.
- GDPR lists a number of rights that users or our Services have as it relates to their privacy and data. The user is responsible for knowing these rights and can contact us at anytime related to these rights.
- Data breaches of personal information will be communicated within 72 hours of being made aware of the breach.
- Notice to California Users: Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
While using the Services, we may ask you for information that can be used to contact or identify you or other individuals on your team. Personal identifiables may include, but are not limited to your name, your team’s name, email address, zip code, and any other information.
As you use the Services, we may log, track, and gather your data, and record the time you spend using the Services. We collect information about your use of the app or website, including how long you spend using them, which web pages or app pages you use most often, and other behavioral trends and analytics.
By signing up for our Services, you automatically give us permission to put you on our email distribution list. You can unsubscribe from this list at any time. We may use your information to contact you via emails, newsletters, or other distributions.
Cookies, Web Beacons, and Other Automated Data Collection
The security of your information is important to us, however, we cannot guarantee the safety of your information from outside problems. We strive our best to protect it, but cannot guarantee its complete safety.
Information Collection, Use, and Sharing
The User is the owner of the data and can ask for their data to be deleted at any time; however, The Company has full rights to use, analyze, and publish the data that Users voluntarily give. We only have access to collect information that you voluntarily give us via email or other direct contact from you. The information we obtain may be stored for an indefinite period of time and aggregated with other User’s data for our specific use, that may or may not be publicly published in generic terms.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your contact information with any third party outside of our organization, other than as necessary to fulfill your request.
We may use software or other services that provide Pivot with analytics on our website and app usage. These services, such as Google Analytics, Fullstory, and Fabric, as well as other like services, are third-party services; please refer to their specific Privacy Policies. You may contact the company at any time to receive a full list of outside services we use as part of our Services.
We use information gathered and tracked for various reasons, including but not limited to, improving user experience, customizing experience, customizing advertising, tracking behavior to ensure proper use of our Services, and more.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. Your information, via your profile, is available to you at any time; however, if your profile goes unused for more than two years, we may delete your account; but we hold the right in these circumstances to retain your sports team’s data.
We take precautions to protect your information and are committed to keeping user data safe. When you submit sensitive information via the website, your information is protected both online and offline. If there is a security breach of data within the Company, we will notify the user once the full scope of the breach is understood, or within 72 hours if you are within a region governed by the European Parliament. The user understands that no data is 100% guaranteed to be safe.
This website and apps may contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our Users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Pivot may interact with various social media outlets, or give the user an option to directly interact with social media platforms via the website and mobile app. The User is responsible for knowing, understanding, and agreeing to the Terms & Conditions as well as the Privacy Policies of these social media outlets. The user further consents to all data and information storage necessary to link their account to social media outlets; this may include, but is not limited to, username and password storage, posting history, and any other information the Company may gather or store.
Surveys & Contests
Our website and mobile apps may request information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Other Provisions as Required by Law
Numerous other provisions and/or practices may be required as a result of laws, international treaties, or industry practices. It is up to you to determine what additional practices must be followed and/or what additional disclosures are required. Please take special notice of the California Online Privacy Protection Act (CalOPPA), which is frequently amended and now includes a disclosure requirement for “Do Not Track” signals. California users may contact us via our Feedback section of our website and request removal of any content on their profile that they feel violates their rights.
Pivot uses third-party vendors to store and host data; such vendors may store and collect aspects of your data for their use. By using our Services, the User consents to the terms and conditions and privacy policies of these third-party vendors. You may request a list of all third party vendors we use at any time.
We do not advertise or knowingly collect data of children under the age of 13.