PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY. WHEN YOU USE THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH HEREIN.
KineticProBaseball.com (“Company”, “we”, “our”, “us”, the “Site”) respects the privacy rights of our online visitors and recognize the importance of protecting the information collected from you. We have adopted a corporate wide Privacy Policy (“Policy”) that guides how we collect, store, and use the information you provide online. This Policy also applies to the usage of personal information by our parent company, KineticPro Performance, LLC, our subsidiaries, divisions, affiliates, and assigns. Please note that this policy does not apply to web sites maintained by other companies or organizations to which we link.
If you have questions or concerns regarding this statement, you should first contact the Company at the email address or postal address specified on our homepage.
YOUR ACCOUNT
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. KineticProBaseball.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
ELECTRONIC COMMUNICATION
When you visit our Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
INFORMATION COLLECTION AND USE
Our primary goals in collecting personally identifiable information are to provide you with the product and services made available through our Site including, but not limited to, our services, to communicate with you, and to manage your registered user account, if you have one.
INFORMATION COLLECTED UPON REGISTRATION
If you desire to have access to certain restricted sections of our Site, you will be required to become a registered user, and to submit certain personally identifiable information to us. This happens in a number of instances, such as when you sign up for our services or if you desire to receive marketing materials and information. Personally identifiable information that we may collect in such instances may include your IP address, full user name, password, email address, city, time zone, telephone number, and other information that you decide to provide us with, or that you decide to include in your public profile.
USE OF CONTACT INFORMATION
We also collect personally identifiable information when you choose to use certain other features of the Site, including: (i) making purchases; (ii) consenting to receive email or text alerts about upcoming promotions or events; (iii) consenting to receive email; (iv) participating in our forum and blogs; (v) commenting on articles; and others. When you choose to use these additional features, we require you to provide “Contact Information” in addition to other personal information that may be required to complete a transaction such as your phone number, billing and shipping addresses and credit card information. Occasionally, we may also request information such as your shopping preferences and demographics which will help us better serve you and our others users in the future. If you decide at any time that you no longer wish to receive such information or communications from us, please follow the unsubscribe instructions provided in any of the communications.
The Site may disclose Contact Information in special cases where we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our terms and conditions of use or may be causing injury or interference with our rights, property, our customers or anyone who could be harmed by such activities.
REFERRALS
You may choose to invite friends to join the Site by sending invitation emails via our invite feature. The Site stores the email addresses you provide so that the respondents may be added to your social network, confirm orders/purchases and also to send reminders of the invitations. The Site does not sell these email addresses or use them to send any other communication besides invitations and invitation reminders. Recipients of invitations may contact us to request removal of their information from our database.
LOG DATA
When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website as Log Data. This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the websites you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider, the IP address will be different every time you log on. We use Log Data to monitor the use of the Site and of our Service, and for the Site’s technical administration. We do not associate your IP address with any other personally identifiable information to identify you personally, except in case of violation of the Terms of Service.
We use mobile analytic software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the App, the events that occur within the App, aggregated usage, performance data, and where the App was downloaded from.
COOKIES AND OTHER TECHNOLOGIES
We use cookies and other technologies to passively collect demographic information, personalize your experience on our Site and monitor advertisements and other activities. Cookies are small files downloaded to your computer to track movements within web sites. We may link cookie information to personal information. Cookies link to information regarding what items you have selected for purchase at our store or pages you have viewed. This information is used to keep track of your shopping cart and other services of similar nature. Also, we use cookies to deliver content specific to your interests and to monitor website usage. Some of our Site pages use an outside ad company to display ads. These ads may contain cookies. Our ad companies collect cookies received with banner ads, and the Company does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. However, some areas of our Site will not function properly if you do so. Please note that this Privacy Policy covers the use of cookies by the Company only and does not cover the use of cookies by any advertisers.
Other technologies used include clear GIF’s and IP address logging. Clear GIF’s, also known as web bugs, beacons, or tags, are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIF’s are invisible to the user because they are typically very small and the same color as the background of the web page, document or e-mail message. We may use clear GIF’s to capture statistical usage information for our web pages, features, or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.
INTERNATIONAL USERS
The KineticProBaseball.com service is available only to Members who have a valid postal address in the United States.
CHILDREN’S PRIVACY AND PARENTAL CONTROLS
We do not request or accept any personal information from minor children. If you are not 18 or older, you are not authorized to register as a user/member of the Site without written permission from a parent or legal guardian. Please contact us for more information.
If we learn that personally identifiable information of persons under 13 years of age has been collected on the Site without verified parental consent, we will take the appropriate steps to delete this information.
THIRD PARTY SERVICES
Members may register for other services from our Site. Certain products and/or services
available on our Site are provided to you in partnership with third party(s) and may require you to disclose personally identifiable information in order to register for and access such products and/or services. Such products and/or services shall identify the third party partners at the point of registration. If you elect to register for such products and/or services your personally identifiable information will be transferred to such third party(ies) and will be subject to the privacy policy and practices of such third party(ies). We are not responsible for the privacy practices and policies of such third party(ies) and, therefore, you should review the privacy practices and policies of such third party(ies) prior to providing your personally identifiable information in connection with such products and/or services.
We engage certain trusted third parties to perform functions and provide services to us including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
BUSINESS TRANSFERS
As we continue to develop our business, we might undergo a change of ownership such as a merger and/or a sale of all or substantially all our stock or assets. We may transfer personally identifiable information in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control. In such transactions, user information generally is one of the transferred business assets, and by submitting any data or contributions (collectively, “Data”) to us, you agree that such Data may be transferred to such parties in these circumstances. However, any party purchasing our assets will be subject to an obligation to maintain the integrity of your personally identifiable information.
DATA SECURITY
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using Secure Sockets Layer (SSL) technology.
To make online purchases you must use an SSL-enabled browser in order to protect the confidentiality of your personal and credit card information while it is transmitted over the Internet.
Access by you to your account is available through a password and/or unique user name selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone, that you change your password often using a combination of letters and numbers, and that you ensure you use a secure web browser. We cannot be held accountable for activity that results from your own neglect to safeguard the secrecy of your password and user name. If you share a computer with anyone, you should always log out of your account after you are finished, in order to prevent access to your information from subsequent users of that computer. Please notify us as soon as possible if your user name or password is compromised.
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 personally identifiable information, you acknowledge that: (a) there are security and privacy limitations of 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 this Site cannot be guaranteed and we shall have no liability to you or any third party for loss, misuse, disclosure or alteration of such information; and (c) any such information and data may be viewed or tampered with in transit by a third party.
In the unlikely event that we believe that the security of your personally identifiable information in our control may have been compromised, we will notify you as promptly as possible under the circumstances. To the extent we have your e-mail address, we may notify you by e-mail and you consent to our use of e-mail as a means of such notification.
REVISION TO THIS POLICY
We reserve the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on the Site, and your continued use of the Site will signify agreement to such changes.
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE PRIVACY POLICY.
Effective 3/1/2018