Privacy and Information Security Policy

IMPORTANT: BY USING THE PLATFORM AND SERVICES YOU GIVE YOUR CONSENT THAT ALL PERSONALLY IDENTIFIABLE INFORMATION THAT YOU SUBMIT MAY BE PROCESSED BY US AND THIRD PARTIES IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY OR THE AGREEMENT, DO NOT USE OUR PLATFORM AND/OR SERVICES.

The terms "FundDuel.com" or "Us" or "We" or "Our" refer to Fund Duel, Inc., together with Our affiliates, successors and assigns. The term "You", "Your", and "Yourself" refers to the user or viewer of Our Platform. We are committed to safeguarding Your online privacy with respect to the Personally Identifiable Information that We may obtain from You at Our website located at http://www.FundDuel.com and/or Our mobile applications and/or Our social media sites and any other digital services and platforms officially operated or used by Us from time to time (collectively, the "Platform"), or with respect to any of Our Services, pursuant to this Privacy and Information Security Policy (as it may be amended from time to time, the "Privacy Policy"). By accepting Our Terms and Conditions of Use Agreement (as it may be amended from time to time, the "Agreement") (located at http://www.FundDuel.com/terms), You expressly consent to this Privacy Policy, including Our use and disclosure of Your Personally Identifiable Information in accordance with this Privacy Policy and applicable Law. This Privacy Policy is incorporated into and subject to the terms of the Agreement. Terms used but not defined in this Privacy Policy have the meaning given them in the Agreement. The word "including" herein means "including without limitation". We may from time to time change this Privacy Policy, so please check back periodically. Your use of the Platform and/or Services is Your consent to the Agreement and this Privacy Policy, and all amendments thereto from time to time. If We operate websites outside of the United States, then the privacy policy displayed on those websites, and not this Privacy Policy, may govern the collection, use and sharing of information there.

PERSONALLY IDENTIFIABLE INFORMATION

We generally will not disclose any of Your Personally Identifiable Information except when We have Your permission to do so or under some special circumstances described below.

  • We collect Personally Identifiable Information when You voluntarily provide it to Us in the course of registering for or using Our Platform and Services (whether online, by phone, or by paper) to enable Us to carry out Our business purposes, such as registering You and other users, including Duels, Duel Participants, Duel Teams, Duel Coordinators, Donors and Charities, and all interactions and activities contemplated by the Agreement, this Privacy Policy and Our Platform with respect to the foregoing. As used herein, "Personally Identifiable Information" refers to information that lets Us know the specifics of who You are. When You engage in certain activities on this Platform, such as registering for an account, downloading or purchasing a product or Service, submitting User Content and/or posting User Content, or sending Us feedback, We may ask You to provide certain information about Yourself. Examples of Personally Identifiable Information may include Your first and last name, email address, personal and business mailing address (including zip code), employer, job title and department, mobile/landline business/personal telephone and facsimile numbers, government-issued identification numbers ((eg social security numbers, national identification numbers and tax identification numbers) when required under applicable Law or as necessary to set up financial accounts with Us, or as necessary for Our preparation of any required tax forms, or Our processing or release of Donations), other image identification information (eg photographs and videos), passwords, sensitive personal data ((eg racial or ethnic origin, sexual orientation and disability data) for diversity or accessibility purposes or as required by Law), and other identifying information as You may choose to disclose pursuant to Your activities on Our Platform and Services. If You send Us e-mails, letters or other personal correspondence, or if other users or Third Parties send Us correspondence about Your activities or postings on the Platform, We may collect such information in a file specific to You. Throughout the Platform, You are identified by Your user ID. Unless You select a unique user ID, Our system automatically sets Your user ID as Your e-mail address.
  • Our primary use of Your Personally Identifiable Information is for the following purposes:
    1. (i) to administer, maintain, and improve Your experience on Our Platform generally,
    2. (ii) to identify You when You visit Our Platform, and to provide You with customized and personalized Services, FundDuel Content and layout,
    3. (iii) for Our own internal purposes, such as providing, maintaining, evaluating, enhancing, maintaining and improving Our Platform and Services, and products and services We offer and sell,
    4. (iv) to collect Your credit card payments for Platform Fees or otherwise pursuant to this Privacy Policy,
    5. (v) to provide customer support,
    6. (vi) to communicate with and deliver information to You,
    7. (vii) to track the use of Our Platform for Our internal research and to collect Aggregate Information on Our users' demographics, interests, and behavior to better understand and serve Our users,
    8. (viii) to resolve disputes,
    9. (ix) to enforce Our Privacy Policy, Agreement and policies,
    10. (x) to offer You the opportunity to receive materials or special offers from Third Parties, and if You give Your permission for this information from Third Parties, We may share Your name and e-mail address with such Third Parties,
    11. (xi) when We believe, in Our sole discretion, that disclosing or transferring the Personally Identifiable Information that (a) is necessary to identify, contact or bring legal action against someone who may be violating the Agreement or this Privacy Policy, or that may be causing intentional or unintentional injury or interference to the rights or property of Us or any Third Party, including other customers or users, (b) is required by Law (such as to comply with a subpoena or court order, for example), or when required by law enforcement, judicial officials, or other government officials in connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or that may expose Us to legal liability, (c) is necessary to protect or enforce Our legal rights, property and policies, or the legal rights, property or policies of a Third Party or You, (d) is necessary to protect the personal safety of You, Our personnel or members of the public in appropriate circumstances, (e) is necessary in connection with a sale, assignment or transfer, or potential sale, assignment or transfer, of Us or Our assets or any portion thereof, or if We undergo some other change including a change to Our corporate form, (f) is required to enable Us to take security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data, and (g) is required pursuant to a court order or subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use Our Platform and 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,
    12. (xii) to send You advertisements, e-mails regarding Our Platform, Services and Promotions, other information that is targeted to Your interests, surveys, and direct mail about products or services that We believe may be of interest to You. If You do not want to receive any of the foregoing communications from Us, You may opt-out at any time by simply sending an e-mail request to Linda@FundDuel.com. Similarly, if You are not receiving any of the foregoing communications from Us and You wish to receive these materials, You may opt-in at any time by simply sending an e-mail request to Linda@FundDuel.com, and
    13. (xiii) to share Your Personally Identifiable Information with Third Parties to fulfill service requests and to perform certain of Our business functions, as determined by Us in Our discretion, such as data hosting services, customer support, technical support and other business services.
  • As a general rule, We do not sell or rent Your Personally Identifiable Information to anyone. If and when We intend to share Your Personally Identifiable Information with a Third Party, You have the right to object to or to restrict Our processing of Your Personally Identifiable Information (except for when the sharing of Your Personally Identifiable Information by Us is permitted (a) by this Privacy Policy (such as (i) Our performance of Our contractual obligations (e.g., fulfillment of Your purchase of products or registration on Our Platform, or Our compliance with Law), and (ii) the fulfillment of Our legitimate business interest (e.g., direct marketing of Our products and services)), and (b) to a Third Party with respect to whom You have granted Us permission to share Your Personally Identifiable Information). If You have consented to the processing of Your Personally Identifiable Information, You have the right to withdraw Your consent at any time, and Your withdrawal of that consent will be effective from the date of withdrawal moving forward until You once again give Your consent.
  • Under California "Shine the Light" law, if You are a California resident and provide personal information (as defined in the statute) to Us to obtain products or services for personal, family, or household use, then You are entitled to request and obtain from Us, once a calendar year, information about the personal information We shared, if any, with Third Parties for marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those Third Parties with which We shared such personal information for the immediately prior calendar year (e.g., requests made in the current year will receive information about the prior year). To obtain this information please send Us an e-mail request to Linda@FundDuel.com.
  • We intend to comply with the Canada Anti-Spam Law. If You provide Us with a Canadian mailing address You will not receive unauthorized Commercial Electronic Messages (as defined under the Canada Anti-Spam Law) from Us unless You have "opted-in" to receive Commercial Electronic Messages from Us.
  • You should be aware that when Your Personally Identifiable Information is voluntarily disclosed on Our Platform, Third Parties and others can be able to personally identify all or some of Your activities on the Platform and with respect to the Services, including any of Your comments and postings, Your name, email address, User ID, and anything else You disclose or that is disclosed about You in the discussion forums or other public areas on Our Platform, etc. That Personally Identifiable Information can be collected and used by Third Parties and may result in unsolicited messages (including unwanted spam messages) from Third Parties. Such activities are beyond Our control and this Privacy Policy does not apply to such information, and We are not responsible for the actions of Third Parties. Any information that You provide in connection with co-branded services or any jointly sponsored Promotions between Us and a Third Party will become the joint property of Us and such Third Party.
  • We may retain Your Personally Identifiable Information for the period necessary to fulfill purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by Law. This may include retaining Your Personally Identifiable Information indefinitely, even after You are no longer using Our Platform, in order to provide You with future marketing opportunities and other purposes, as well as to comply with Our legal obligations, resolve disputes, or enforce any of Our agreements.

REVIEW, UPDATE, CORRECT OR DELETE PERSONALLY IDENTIFIABLE INFORMATION

We rely on You to update and correct Your Personally Identifiable Information. We encourage You to review, correct, update, deactivate or terminate Your Personally Identifiable Information whenever it is inaccurate or necessary through Your account management screen or by contacting Linda@FundDuel.com. You may obtain a copy of, request that We correct errors in, and edit Your Personally Identifiable Information and Your password at any time online or by sending an e-mail request to Linda@FundDuel.com. You will be required to provide proof of Your identity. We will respond to any such requests, unless not legally or otherwise permissible. 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. We can also decide to delete Your Personally Identifiable Information if We believe in Our discretion that it is incomplete, inaccurate, or that Our continued use and storage of the same is contrary to Our obligations or not permitted by Law.

AGGREGATE INFORMATION

We may collect (whether online, by phone, or by paper), rent, sell and/or use analytic and reporting technologies to record Aggregate Information about You and We may use this Aggregate Information to improve the usability of Our Platform and for Our other business reasons, and We may disclose this Aggregate Information to Our business partners, potential strategic partners, advertisers, investors, customers, and others, but only in the aggregate without any of Your Personally Identifiable Information. You may not opt-out of Us sharing this Personally Identifiable Information about You as Aggregate Information. As used herein, "Aggregate Information" refers to information that does not directly identify You as You interact with Our Platform or identify a specific individual. Examples of Aggregate Information include the following: Your browser type, the Uniform Resource Locator ("URL") of the previous website You visited, which URL You go to after visiting Our Platform, Your ISP, Your operating system, Your Internet protocol (IP) Address, Your Internet domain and host names, Your click patterns, Your browsing history, Your search terms, products and services viewed, Your industry and business (size, location, functions), Your time on a website, Your response to a particular advertisement, or to cookies or surveys, the dates and times that You accessed Our Platform and Our Services, and other information about You from Our server log files.

MINIMUM AGE

Our Platform and Services are intended for people over the age of 18. We will not knowingly collect or use any Personally Identifiable Information from children that We know to be under the age of 18 without that child's parent's or guardian's prior written consent. In addition, We will delete any information in Our database that We know originates from a child under the age of 18 for whom We do not have the written consent of the guardian or parent of the child.

PAYMENTS

When making payments on the Platform, You may be asked to provide additional Personally Identifiable Information, such as a credit card number, billing address, credit card expiration date, security code, PIN numbers, account number, routing number and tracking information from checks or money orders. If You open a credit account on Our Platform, We or Our Payment Processor may use Your address and billing information to bill You and provide associated support. When You enter sensitive information such as a credit card number and/or social security number on Our registration or order forms, We encrypt that information Using secure socket layer technology (sometimes referred to as "SSL") and store it on Our secured servers. OR Your credit card information is never stored on Our servers or is encrypted and stored on a restricted-access database that is away from Our main Platform and only accessible by authorized users. Your credit card information may be transferred to Our Payment Processor for processing. Our Payment Processor has assured Us that it employs a variety of security and risk management technologies to facilitate secure on-line transactions and to protect Your credit information. You can find more information about Our Payment Processor's security and risk management transactions at www.stripe.com. We are not responsible for any actions or failure to act by Our Payment Processor.

COOKIES

A cookie is a small data text file which is stored on Your computer that uniquely identifies Your browser. Cookies may also include more personalized information, such as Your IP address, browser type, the server Your computer is logged onto, the area code and zip code associated with Your server, and Your first name to welcome You back to Our Platform. Some features of Our Platform may only be available through the use of a cookie. If You view Our Platform without changing Your cookie settings, You are indicating Your consent to receive all cookies from Our Platform. We do not use cookies to track Your browsing behaviors. We may use cookies to perform tasks and store cookies on Your computer for the following purposes in connection with the operation of Our Platform and Services:

  1. (i) to collect certain Aggregate Information about Our users, and to estimate Our customer base and customer usage patterns, and to help target Promotions based on customer interests and behavior, both specifically to individual customers and on an aggregate basis with respect to all customers,
  2. (ii) to monitor aggregate Platform usage metrics,
  3. (iii) to store and remember Your passwords (if You allow Us to do so),
  4. (iv) to store account and advertising preferences that You have set,
  5. (v) to personalize the Services We make available to You, and
  6. (vi) to provide information which is targeted to Your interests and customize certain aspects of Your specific user experience.

Most, but not all, cookies are automatically deleted at the end of a session. You may decline Our cookies if Your browser permits, although Your use and the functionality of Our Platform and Services will then be restricted.

In addition to cookies, We may place technological tools (and allow certain Third Parties to place technological tools) such as tags and beacons (e.g., code scripts that are primarily used to track Your activities on Our Platform by web analytics software), to collect Your Personally Identifiable Information for the purposes listed in this Privacy Policy.

THIRD PARTIES

Except as otherwise discussed in this Privacy Policy, this Privacy Policy only addresses the use and disclosure of information We collect from You. We may contract with various Third Parties who help Us provide, manage, monitor, optimize maintain and improve the Platform and Services, and measure the effectiveness of Our advertising, communications, use of and other matters concerning the Platform. For example, We may subcontract out production, fulfillment, analytics, reporting or other operations. Our Third Party advertising partners may also provide Us with aggregate, but not individual, reports that will tell Us how many ads were presented and clicked upon at Our Platform. As part of the normal operation of Our Platform and Services, We collect and, in some cases, disclose information about You to Third Parties. Such Third Parties may have access to Your personal information in order to perform their services 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 Platform, or to release Your address information to the delivery service to deliver products that You ordered, or to provide information to Third Parties that help Us provide customer service and other services. Third Parties that have links on Our Platform may collect Personally Identifiable Information about You. You will be able to access Third Party websites directly from Our Platform. This Privacy Policy does not apply when You access Third Party websites. We will encourage Third Parties to adopt and promote strong privacy policies. However, the use of Your Personally Identifiable Information by Third Parties is governed by the respective privacy policies and data collection, use and disclosure practices of those providers, and is not subject to Our control, so You should carefully review the privacy policy of any Third Party website You visit before using it or disclosing Your personal information to its provider. We are not responsible for the privacy policies or practices of Third Parties, and the practices of these Third Parties are not governed by this Privacy Policy. If You have questions about the privacy policies or practices of a Third Party site or Third Party, You should contact the site administrator or Web-master of the specific site or the Third Party directly.

THIRD PARTY COOKIES

We may also Third Parties to display banner advertisements on Our Platform. As part of their service, they will place a separate cookie on Your computer. We have no control over those cookies, nor does this Privacy Policy cover how or whether Your personal information contained in those cookies may be used or protected. If You have any questions about the cookies of such Third Parties, or about the use of Your personal information by such Third Parties, You should contact the site administrator or Web-master of the Third Party site or the Third Party directly.

WARNINGS REGARDING ONLINE PRIVACY

You understand that no method of transmission over the Internet or wireless network, or method of electronic storage, is 100% secure. It is important to remember that whenever You voluntarily disclose personal information on-line, Your information can be collected and used by others. If You transmit or post personal information on-line that is accessible to others, You and We will not be able to control how that information is used by others. While We will strive to use commercially acceptable and reasonable means to protect Your Personally Identifiable Information, You acknowledge that notwithstanding any of the steps taken by Us : (a) there are security and privacy limitations inherent to the Internet which are beyond Our control; and (b) the security, integrity and privacy of any and all information and data exchanged between You and Us through this Platform or over the Internet cannot be guaranteed. Consequently, We cannot and do not warrant the security or integrity of any information You transmit to Us when registering for Our Platform or otherwise. All such transmission of information is at Your own risk. We are not responsible for the unauthorized acts of others, and We assume no liability for any disclosure of information due to errors in transmission, unauthorized Third Party access (such as through hacking) or other acts of Third Parties, or acts or omissions beyond Our reasonable control. Moreover, though We are committed to having Our Platform and Services comply with this Privacy Policy, You are ultimately responsible for maintaining the secrecy of Your password and Your Personally Identifiable Information. If You are careless with Your password, or You decide to share Your password or Your Personally Identifiable Information with Third Parties or others, You must be aware of the risk that such Third Parties and others will have access to all Your Personally Identifiable Information.

EFFECTIVE DATE; AMENDMENTS

The effective date of this Privacy Policy is July 13, 2018. We reserve the right at any time in Our sole discretion to make changes, modifications, alterations and/or additions to this Privacy Policy, without specific notice to You, and the latest Privacy Policy will be posted on Our Platform and the terms thereof will be effective immediately unless otherwise indicated by Us in writing. Accordingly, You should visit Our Platform and review this Privacy Policy periodically to determine if any changes have been made. Continued use of any part of Our Platform or Our Services constitutes Your acknowledgment of the modified Privacy Policy and Your acceptance of such changes, whether You have viewed them or not. If You do not wish to accept this Privacy Policy, or any changes to it, or Our Platform or Services, You may discontinue Your use of Our Platform and Services.

GOVERNING LAW

This Privacy Policy shall be governed by the laws of the State of Nevada without regard to its conflict of laws principles. You agree that the courts in Clark County, Nevada, shall have personal jurisdiction over You in connection with any such disputes. This Privacy Policy is intended to comply with applicable Law, including United States federal and state law, California's "Shine the Light" law, Canada's Anti-Spam law, and the European Union's General Data Protection Regulation. If any portion of this Privacy Policy is unenforceable under applicable Law, this Privacy Policy will be modified to the least amount necessary, as determined in Our discretion, to comply with such applicable Law, and any provisions of this Privacy Policy that are not unenforceable under the applicable Law shall remain unmodified and in full force and effect.

BREACH NOTIFICATION

In the event We determine that a security incident with respect to Your Personally Identifiable Information has occurred, We will notify You by email, US mail, telephone, or other means as permitted by Law.

TRANSMISSION OF PERSONALLY IDENTIFIABLE INFORMATION TO OTHER COUNTRIES

Your Personally Identifiable Information is processed in the United States, where privacy laws may be less stringent than the laws in Your country and where the government, courts, or law enforcement may be able to access Your Personally Identifiable Information. By submitting Your Personally Identifiable Information to Us, You agree to the transfer, storage and processing of Your Personally Identifiable Information in the United States.

CONTACT US.

If You have any questions or comments about this Privacy Policy or Our practices with respect to Our Platform and Services or otherwise, please feel free to e-mail us at Linda@FundDuel.com or visit Our Contact Page.