Privacy Policy

Last Modified May 14, 2021

Sandlot Technology Inc. (“Sandlot” or “we”) has created this privacy policy (the “Policy”) as part of its commitment to help you better understand how Sandlot collects and may use information collected through its mobile application (the “App”), website and/or any other platform (collectively, the “Platforms”). By downloading the App, or visiting or accessing the Platforms, you agree to the collection, use, retention, protection and disclosure policies set forth herein. In addition, your use of the Platforms shall be subject to and governed by the Terms of Use (https://www.sandlot.fit/terms), which is incorporated by reference herein. If you do not agree to this Policy, you may not use the Platforms. Capitalized terms used but not defined herein shall have the meaning ascribed to such term in the Terms of Use.

• Personal Information. Personal Information is information that directly or indirectly identifies you, including your name, email address, mailing address, phone number, images, date of birth, gender, weight, exercise history, Personal Financial Information (as defined below) and certain other identifiable information which may reveal your personal identity. Personal Financial Information is information such as credit card or debit card information, and billing address. In particular, we may collect the following categories of Personal Information from you:

A. Identifiers.

Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

Collected in last 12 months? YES

B. Personal information.

Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

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

Collected in last 12 months? NO

C. Protected classification characteristics.

Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Collected in last 12 months? NO

D. Commercial information.

Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Collected in last 12 months? YES

E. Biometric information.

Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

Collected in last 12 months? NO

F. Internet or other similar network activity.

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

Collected in last 12 months? YES

G. Geolocation data.

Examples: Physical location or movements.

Collected in last 12 months? YES

H. Sensory data.

Examples: Audio, electronic, visual, thermal, olfactory, or similar information.

Collected in last 12 months? NO

I. Professional or employment-related information.

Examples: Current or past job history or performance evaluations.

Collected in last 12 months? NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Collected in last 12 months? NO

K. Inferences drawn from other personal information.

Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Collected in last 12 months? YES

The categories of Personal Information which we collect may be collected in various ways, including:

• By registering for an Account, which includes Personal Information which may be made available about you if and when registering for a User Account through a third-party application such as Apple, Facebook or Google. Specifically, such third party may pass information about you on to Sandlot, such as your name, location, contact information, picture(s), list of friends, and other Personal Information which you have made public or permitted such third party to share with Sandlot. Please review your privacy settings on such third-party websites before using it to register for or log in to Sandlot.

• By downloading or accessing the Platforms, including tracking your use of the Platforms.

• By performing or receiving Services. For example, when you use the Platforms to search for nearby events, including Exercise, we collect precise location data in order to determine your location and provide responsive results.

• By creating and sharing Content, or otherwise engaging with any other User’s Content.

• By paying any applicable fee for use of the Platform or to purchase a product or Service through the Platforms.

• By engaging in messaging through the Platform, including, but not limited to, messages posted, sent, and received, as well as engaging with other Users, including group chats, and peer-to-peer chats between Users.

• By engaging with the Platform in other ways, including, but not limited to, searching for nearby events (including Exercise), registering for events, and participating in Exercise.

• From survey feedback which you complete.

• Any other Personal Information which you may otherwise voluntarily disclose, or which is disclosed by other Users.

• Use of Personal Information. Personal Information will be collected and used for the following business purposes:

Offering Services. Sandlot will use your Personal Information in order to offer or provide Services in your area. For example, the Platform will show you available Exercises in your area, track which Exercises you participate in, the location of other Users, and the Exercises which other Users are or have participated in. Personal Information may also be necessary to manage your User Account and/or profile. In addition, Sandlot may use your Personal Information in order to facilitate your participation in Services, including, as requested by you from time to time, registering you to participate in an Exercise or event.

Processing Transactions. To the extent that your Account is a fee-based model, or you use the Platforms to pay for products or Services offered through the Platforms, then your Personal Information may be used to process that transaction. Payments are processed by a third-party payment processor. Personal Financial Information will not be disclosed to any third party by Sandlot except as necessary to such third-party payment processor, banks, and website support services.

Communicating With You. Sandlot will use your Personal Information as necessary to communicate with you from time to time, including in response to questions, or to provide marketing communications.

Customized Experience. Personal Information will be used to create, maintain, customize and secure your Account and the the Platforms for you, and to enhance your User experience. For example, the Platform may suggest Exercise you have participated in previously or show advertising or third-party content which you may find relevant. Your Personal Information may also be used to deliver content and product and Service offerings relevant to your interests, including targeted offers and Exercises, third party sites, and events.

Improve Services. Personal Information may be used to enhance or maintain Platform security, or to develop new Services which improve the overall User experience.

• Sharing Personal Information. We do not sell your Personal Information. However, Personal Information may be shared with another person or entity for a business purpose. The following are examples of how Personal Information may be shared.

Public Forum. When you share User Content, or when other Users share Content about you, a selection will be offered to post such Content publicly, to a group (which may be public or private) or limited to the User’s own Account. Accordingly, certain Personal Information which you share publicly, in whole or in part, will be made publicly available to the extent of your selection and/or privacy settings, including, but not limited to, messages, photos, Exercises in which you participate, and Users with whom you interact. If you link your Account to any third-party platform, Content you share may be shared on such third-party platform.

Service Providers. Personal Information will be shared with third parties who provide Services to Sandlot’s Users. Such third parties may include Exercise instructors, third-party payment providers, and contractors engaged to improve, promote, secure or support the Services or Platforms. These service providers only have access to the information necessary to perform these limited functions on Sandlot’s behalf and are required to protect and secure your information.

Business Partners. We enable you to share your Personal Information and User Content with third-party apps, plugins, or websites that integrate with the Services, as well as with third parties who work with Sandlot to offer an integrated feature, such as an Exercise host, or event sponsor. You can choose to share your profile data and activity data (including private activities). Information collected by these third parties is subject to their terms and policies. Sandlot is not responsible for the terms or policies of third parties.

Business Transaction. Personal Information may be shared to a third-party in order to evaluate a possible business transaction such as a merger or sale of the company, provided, however, that the recipient of Personal Information will be required to maintain such Personal Information in confidence.

Legal Compliance. As and when necessary, as determined in Sandlot’s sole discretion, Sandlot may be required to share Personal Information to comply with the law or assist in a legal investigation.

• Categories of Information Disclosed for Business Purpose. The following are a list of types of Personal Information which may have been shared during the past twelve (12) months for the business purposes identified in Section 3:

Identifiers, such as your real name, athlete ID, Internet Protocol address, email address, and other similar identifiers.

Personal Information categories, including physical characteristics, such as weight, and payment information, such as your credit card number.

Characteristics of protected classifications, such as your gender and age.

Commercial information, such as the record of purchase of your Summit membership.

Internet or other electronic network activity information, such as session logs.

Geolocation data, such as the physical location of your recorded activity.

Electronic, visual, or similar information, such as photos.

Inferences drawn from any of the above information to create a profile reflecting your preferences, characteristics, behavior, abilities, and aptitudes, such as Relative Effort.

Personal Information does not include:

• Publicly available information from government records.

• De-identified or aggregated consumer information.

• Non-Personal Information. Non-Personal Information is information commonly collected to track website usage and may include computer and server IP addresses, browser versions, pages most visited, duration and time of visit, and geographic location. This information does not contain Personal Information and is not directly linked to you personally. Non-Personal Information will be collected by Sandlot to improve your Platform experience.

  • Cookies. Your mobile device and/or web browser stores and uses “cookies” which contain Non-Personal Information. Sandlot may use cookies, web beacons, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Platforms; (b) provide custom, personalized content and information; and (c) track and understand how you interact with our products and Services; (d) measure the usability of our products and Services and the effectiveness of our communications; otherwise enhance our products and Services. If such information is shared, it will only be shared in the aggregate, and will not contain Personal Information.

  • Third Parties. Sandlot may allow third parties to use metric tools on the Platforms to collect anonymous information, including, but not limited to, tracking tools such as cookies or web beacons, but Sandlot does not provide any Personal Information to these companies. Some of these cookies are advertising cookies, which we employ to serve relevant ads to users who have already visited our website. Other cookies are used to assess performance and analytics, or to perform business research. Some third-party companies may allow you to opt out of having your information collected.

  • Opting Out. Most web browsers allow you to choose whether you wish to accept cookies. Generally, your browser will offer you the choice to accept, refuse or delete all cookies, or third-party cookies on a website, or those from specific websites. However, if you restrict our capability to set cookies, you may limit the full functionality of the Platforms, which will make some of our Services and features unavailable to you.

  • Do Not Track. Certain web browsers allow you to instruct your browser to send Do Not Track (“DNT”) signals to websites you visit, informing those sites that you do not want your online activities to be tracked. At this time, our Sites are not designed to respond to DNT signals or similar mechanisms from browsers.

• Retention of Information. We retain information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. Information associated with your Account will generally be kept until it is no longer necessary to provide the Services or until your Account is deleted. In addition, you can delete some items of information (e.g., profile information) and you can privatize Content posted publicly without deleting your account. It may take up to 90 days to fully delete your Personal Information and system logs from our systems following deletion of your Account. Additionally, we may retain information to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Use and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.

Information connected to you that is no longer necessary and relevant to provide our Services may be de-identified or aggregated with other non-personal data to provide insights which are commercially valuable to Sandlot, such as statistics of the use of the Services. For example, we may retain publicly available segments or locations and other depersonalized geolocation information to continue to improve the Services and we use aggregated information. This information will be de-associated with your name and other identifiers.

• Marketing Communications. We may send you email and other messages with personalized offers and information about products and services, and we may use Personal Information to show you online advertising on the Platforms, other websites, and other online services. Sandlot provides you the opportunity to opt-out of receiving marketing email communications from us and our partners by following the prompts to unsubscribe in any email. Notification settings may be changed by editing your privacy settings in the App.

• Security of Information. Sandlot has put in place reasonable physical, electronic and managerial measures to ensure the security and privacy of information collected. However, it must be understood that the Internet is not a completely secure medium of communication. Therefore, we cannot and do not guarantee the privacy of any information you input with Sandlot’s Platform. Accordingly, any and all information transmitted through the Platforms is disclosed at the disclosing party’s own risk. To protect your privacy, please do not use the Platforms to communicate information that you want kept confidential. We will not be responsible for any damages you or others may suffer as a result of the loss of confidentiality of any such information.

• Accessing, Reviewing and Changing Information. If you are a registered User, you may access, update and change certain Personal Information Sandlot collects about you. To protect your privacy and security, Sandlot will also take reasonable steps to verify your identity before granting access or making corrections.

• California Consumer Privacy Act. If you are a California resident, as defined in the California Code of Regulations, you have rights under the California Consumer Privacy Act of 2018 (“the CCPA”). The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Right to know. The CCPA gives you the right to request that we disclose the specific pieces of Personal Information we have collected about you, which we do after we receive and validate your request.

Right to delete. You have the right to request that we delete your Personal Information, subject to certain exceptions. After we receive and validate your request, we will delete your Personal Information, as well as direct our service providers to delete your Personal Information, unless an exception applies.

Right to non-discrimination. You have the right not to receive discriminatory treatment for the exercise of your privacy rights under the CCPA.

Sandlot does not sell your Personal Information. Sandlot may disclose certain Personal Information for a business purpose. When you make a request to download your Personal Information, we will include a list of the categories of Personal Information that we may have disclosed about you, as well as the categories of third parties to whom your Personal Information may have been disclosed.

Exercising right to know or delete. To exercise your rights to know or delete described above, please submit a request by emailing us at: team@sandlot.fit

You have the right to make a free request to know two times in any 12-month period. We will confirm receipt of your request within 10 days. We will make the disclosure within 45 days of receiving your request, unless we request an extension. In the event that we reasonably need a 45-day extension, we will notify you of the extension within the initial 45-day period. We cannot respond to your request or provide you with Personal Information if we cannot reasonably verify your identity or authority to make the request and confirm the Personal Information relates to you.

• Release. By using the Platforms, you hereby agree to indemnify, release and hold harmless Sandlot and its members, agents, representatives and employees, from any and all loss, damage, expense or cost (including attorneys’ fees and disbursements attendant thereto) arising out of or in any way connected with Sandlot’s use, maintenance, disposal or disclosure of such information and content as set forth herein, in any form, or mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance including any claims you might have under laws protecting intellectual property and personal privacy.

• Assignment. If Sandlot sells or transfers all or substantially all of its assets, whether in conjunction with a merger, acquisition, asset purchase, or any other change in management or ownership control of Sandlot, Personal Information and non-Personal Information may be among those assets transferred. Sandlot will ensure that the security measures set forth herein remain throughout the transition, and any changes to this Policy upon the consummation of such sale or transfer will be communicated to you.

• Target Audience. The Platforms do not knowingly collect information from children under the age of 13 (16 if in California) and no part of the Platforms are designed to attract children under the age of 13 (16 if in California). Sandlot is designed and intended to be used by adults, which may include parents or guardians. Anyone under the age of 13 (16 if in California) is not permitted to use the Platforms or provide Personal Information to Sandlot.

• Third Party Platforms. The Platforms may contain links to third party websites which do not belong to, and are not controlled by, Sandlot. This Policy shall not apply to those third-party websites. Sandlot shall have no responsibility or liability for the user’s interaction with such third-party websites.

• Entire Agreement. Together with the Terms of Use, this Policy contains the entire agreement between the parties with respect to the privacy policy matters provided for herein and supersedes all prior oral or written understandings with respect to the privacy policy matters provided for herein. All of Sandlot’s other rules, policies and procedures, including the Terms of Use, should be read to be consistent with this Policy whenever possible.

• Severability. If any term or provision of this Policy shall to any extent be deemed invalid or unenforceable by a court of competent jurisdiction, the remainder of this Policy shall be unaffected thereby, and each term and provision of this Policy shall be enforced to the fullest extent permitted by law.

• Modification. Sandlot reserves the right, in its sole discretion, to update, change, modify, add, or remove portions of this Policy from time to time without notice. You are encouraged to visit this page periodically to check for updates. No amendment, modification, extension, limitation, waiver or termination of this Policy shall be valid except with the consent of Sandlot.

• Disputes. By using the Platforms, you agree that any disputes arising out of or relating to the Platforms, content, information collected or shared about you, or the Services made available through the Platforms, is subject to the applicable provisions in the Terms of Use.

• Questions. If you have any questions pertaining to this Policy, please contact Sandlot at team@sandlot.fit.

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