CaptainU Privacy Policy

This Privacy Policy Notice (this “Notice” or this “Policy”) describes how MLQ Ventures LLC d/b/a CaptainU and our affiliated entities and assets (“we,” “us,” or “CaptainU”) process personal information in relation to your use of our proprietary mobile and desktop software as a service platforms (“Platforms”) or your participation in an event, tournament, combine, league, race, regatta, competition, camp or recruiting activity (“Events”) hosted or managed or serviced by us. We provide mobile and desktop software applications for, among other things, sports registration, team, league and association management, payments, fundraising, registration protection, event planning and production, tournaments, travel and recruiting, and scorekeeping and team management technology, and applications for communication, scheduling, and content management. Depending on where you live and what you are doing on our Platforms, certain specific provisions of this Notice may apply to you. This Notice is intended to facilitate our unified approach to complying with varying privacy laws of different U.S. states by integrating different state-specific provisions into this Notice under which we may be deemed to be a “Business” or a “Controller”, including the requirements of: The California Consumer Protection Act (CCPA) as amended by The California Privacy Rights Act (CPRA), the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CTDPA), the Delaware Personal Data Privacy Act (DEPDPA), Iowa Consumer Data Protection (IACDPA) Act, Maryland Online Data Privacy Act (MODPA), Minnesota Consumer Data Privacy Act (MNCDPA), Montana Consumer Data Privacy Act (MTCDPA), the Nebraska Data Privacy Act (NEDPA), the New Hampshire Data Privacy Act (NHDPA), the New Jersey Data Privacy Act (NJDPA), Oregon Consumer Privacy Act (ORCPA), Tennessee Information Protection Act (TNIPA), Texas Data Privacy and Security Act (TXDPSA), the Utah Consumer Privacy Act (UCPA) and the Virginia Consumer Data Protection Act (VCDPA). , which provide comprehensive frameworks for data protection in the states of California, Colorado, Connecticut, Delaware, Iowa, Maryland, Minnesota, Montana, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah and Virginia, respectively. We are required to furnish data subjects with a compliant privacy notice is outlined as part of each applicable state’s privacy law.

Policy Scope; Consent

We are committed to protecting your privacy in accordance with the terms of this Notice. This Notice describes how we collect, use, share and protect your personal information. It applies to the collection by CaptainU of information on our services, applications, websites, and tools (collectively, our “Services”). Please note that we integrate with and provide many of our Services to organizations who have their own separate privacy practices, which may also govern your data in different ways. When we work on behalf of other organizations, we function as a Processor in accordance with the terms of our contract with them and manage your data on their behalf or at their direction. For certain purposes we may handle your data as a Controller (such as when you contract directly with us for one of our owned and operated camps, road races, combines, recruiting services, or game official scheduling and payment services) and for others as a Processor (such as when we facilitate choices made by the organization regarding your participation in their programs or activities, like a club, association, league, camp, or player development program). This Privacy Notice applies only to our own data practices, and not to the practices of organizations and third parties that we do not control.

Your consent

By using our Services, you agree to the terms of this Notice. You should read this Notice carefully, so that you understand our privacy practices. By accessing, browsing, downloading, or otherwise using the Services, you confirm that you have read, understood, and agreed with this Notice.

In addition, by using our Services, you also agree to our Terms of Service (https://stackathlete.com/terms-of-service/). If you do not agree to this Notice and the Terms of Service, you may not use the Services. This Statement applies regardless of how the Services are accessed and will cover any technologies or devices by which we make the Services available to you.

From time to time, we may provide you with additional privacy notices where we believe it is appropriate to do so. It is important that you read this Statement together with any other privacy notice or terms we may provide on specific occasions, so that you are fully aware of how and why we are using your data. If you have any questions or concerns about our personal information policies or practices, you can contact us in the methods described in the “Contact Us” section below.

Purpose of this Notice; Certain Definitions

This Notice identifies our practices concerning the collection of certain personal information from you, the purposes of that collection, the sources from which we collect such information, and the measures we use to protect your personal information. As used in this Notice, “personal information” or “personal data” means any information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household. As used in this Notice: “Business” or “Controller” means a legal entity that collects personal information on its own or by others on its behalf and that alone or jointly with other determines the purposes and means of the processing of personal information; “Processor” means a legal entity that collects personal information and processes personal data on behalf of a Controller (such as when we provide registration or administration services to an organization); and “Processing” means any operation or set of operations performed on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data.

Information we collect

Personal information you provide directly to us. For certain activities, such as when you register for or subscribe to our Services, download our content, or contact us directly, we may collect some or all of the following categories of personal information:

Registration and profile information collected when you join the Service. We may collect personal information such as a username, first and last name, birth date, phone number, email address, and other identifying information when you register for a CaptainU account, participate in a CaptainU Event, respond to a survey or ballot, promotion, or contest, or if you correspond with us. We collect certain payment and billing-related information if you sign up for fee-bearing services. If you sign up for one of our Events or one of our recruiting Platforms, the personal information we collect may (in addition to the categories of information noted above) include your height, weight, high school name and location, graduation year, athletic performance and statistics, photo, video (such as Event or game footage or interviews), academic information (such as GPA or SAT/ACT scores), college offers, citizenship, interest in military programs, social media username, name and contact information of your parents and coach and other information relevant to the athlete development or college recruiting process. Athletes may be requested or required to provide certain additional similar personal information to register for an Event.

Data collected through your use of the Service. After you set up your account, you may be able to provide additional information which may be shared through your public profile, such as (for example) your height, weight, gender, interests, friends, contacts, referrals, photograph and/or video, academic accomplishments and other biographical, biometric or personal information (“Profile Information”), and information about your athletic performance or information relating to your team, league, or organization. This information may be provided by a third party, such as a parent, player, youth coach, high school coach, college coach, tournament director, team manager, club, league or association or it may be provided by you directly. Associations, clubs, leagues, coaches and team managers may provide information about their teams and biographical and contact information about athletes and may also add notes and commentary relevant to the team or, with respect to certain of our services for high-school or college level athletes, recruiting. We also collect information about how you use the Service, how you input data and the data you input.

Contact Information. CaptainU may collect information from an address book or stored contact list that a user uploads or otherwise provides access to such information to CaptainU. For certain of our services relating to Events, if you are a tournament director, team manager, club coach, league or association representative, high school coach, or college coach, who uploads information about athletes on behalf of such athletes, we will send an email to each such athlete (or parent of such athlete) who is not already a member of the Service, inviting the athlete to join the Service. Certain of our services permit college coaches to turn off these emails on the Settings page.

Information we collect from third parties. We may collect information about you from publicly available sources or other third parties, including your Event schedule, player statistics, race times, roster information, etc. We may also receive information about you and your friends when you interact with our sites through various social media, for example, by liking us on Facebook, following us on X (formerly Twitter), or connecting on Instagram, Vimeo, or other social networks. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to a CaptainU Service.

Monitoring user activity. We may at our discretion, but are not obligated to, monitor the communications that take place on certain of our Services, such as messaging, in order to protect our users and monitor the effectiveness of that Service. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.

Personal information we collect automatically. We may collect certain categories of personal information automatically when you use our website(s), Platforms, Services or applications:

Information we collect automatically: Device information, which may include your IP address, browser types, browser language, operating system, platform type, device types, and device IDs such as unique identifiers or advertising identifiers; usage information, which may include files you download, domain names, landing pages, your browsing activity, what you click, scrolling and keystroke activity, pages viewed, advertising viewed or visited, forms or fields you complete or partially complete, search terms, whether you open an email and your interaction with the content, access times, and error logs, and other similar information; location information, which may include the city, state and ZIP code associated with your IP address, information derived through Wi-Fi triangulation, and precise location information from GPS-based functionality on your mobile devices or from your use of our mobile apps, and with your consent, your precise GPS information; viewing behavior, which may include the content you view, how long you watch each video, the quality of the service you receive (e.g. buffering, load times) as well as advertisements you have been shown or interacted with; and offline information, which may include certain information that may also be stored while you are offline and transmitted to us when you next connect to the Internet, regardless of where you connect from or the device you use to connect.

Credit Card Information. We will collect credit card information from you at the time of a transaction for the purpose of completing transactions to purchase a service, obtain fan wear or other goods or merchandise, purchase registration insurance, register for camps, or register for events. We will not store that credit card information on our servers or on the platform. The credit card information is sent directly, via secure means, to a trusted third party-operated payment service to process your payment.

NOTICE to California Residents: As outlined in CCPA, CaptainU may have collected in the previous twelve (12) months the following categories of information: (A) Identifiers, (B) Personal Information, (C) Protected Classification Characteristics Under California or Federal Law, (D) Commercial Information, (E) Biometric Information, (F) Internet or other similar network activity, or (G) Geolocation Data. CaptainU may have collected that information in the manner as described above.

Data Use

We may use, share, sell or otherwise disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason for which the personal information is collected.
• To provide you and other users with email or SMS alerts and other notices concerning our Services.
• To improve our Services to you and other users.
• For testing, research, analysis and product development.
• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to users when collecting their personal information or as otherwise set forth in the CCPA (as amended), CPA, CTDPA, DEPDPA, IACDPA, MODPA, MNCDPA, MTCDPA, NEDPA, NHDPA, NJDPA, ORCPA, TNIPA, TXDPSA, UCPA and VCDPA.
• To evaluate or conduct a merger, divestiture, restructuring, financing, refinancing, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing notice.

Data Sharing

We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Your Choices About Your Information” section below.

Without providing a separate or additional notice to you, we may disclose your personal information to Platform or website hosting partners, affiliates, service providers, contractors and other parties who assist or support us in: (i) operating our Platform and providing our Services (including where we “outsource” the hosting of the Platform to a trusted third party contractor); and (ii) conducting our business in connection with the provision of Services to you (such as payment processing and data storage), or in otherwise servicing your account. Also, without providing a separate or additional notice to you, we may contract with trusted third parties to provide complementary products or services which are integrated or interfaced with our Platform (for example, we may share your IP address with your Event Organizer which may, in turn, utilize a third party application to post information regarding a future Event on your browser via your IP address) and such third parties may require access to your personal information in order to effectively provide the complementary products or services to you. In all cases, the parties described above will be required to agree to only use your personal information for purposes of performing the tasks described above and to keep your personal information confidential under obligations similar to those in this Notice.

In addition, and without providing a separate or additional notice to you, in the event of a sale or other change of control of our company, the terms, rights and practices described in this Notice would be transferred to the new owner. We may provide your personal information to the purchaser so that you may continue the relationship or business with our Services and us.

We may also release your personal information (without a separate or additional notice to you) when we believe release is appropriate to comply with the law, enforce our Platform policies, or protect ours or others’ rights, property, or safety, including in the event that we utilize a trusted third party to assist our investigation into the fraudulent or other improper use of our Platform.

Remember, certain of our Services (such as our collegiate recruiting services or photo sharing services or other similar social interaction sites, for example) allow you to connect with others and share information about yourself with other individuals and organizations. Your public-facing profile and information on these Services, including your name, photo, and other personal information, may be available publicly to other members of the Service by default and may be searchable by search engines which may display certain of your information publicly. You may be able to adjust your profile settings to entirely prevent the general public from viewing your profile, though it may remain visible to other users on these Services. Also, remember that organizations and other third parties that use our Services may have their own data collection and use policies that we do not control, even in situations where we may access or maintain such data on behalf of the organization. Please review the privacy policies of any third-party organization before sharing your personal information with that organization.

You should note that our registration and club, league, team and association platforms may use your information to fulfill orders placed by you for uniforms, gear or fanwear or apparel or enhance your participation with an organization, club, league, association, camp, combine, race, regatta or other activity. We, for example, may share your information with third party fulfillment partners for goods and services ordered by you through our platform or the representatives of the organizations you are signing up with (including, as applicable to the service, coaches, club, league or association representatives or officials, race directors, camp directors, combine organizers, athletic departments of colleges, administrators or player development programs, and the like). Those representatives may share certain of aspects your information with your coach, teammates, coaches or representatives or members other affiliated teams, including competitors, in accordance with that organization’s privacy and data management practices, which we do not control. Please consult the privacy practices of the third party organization with whom you are registering.

We may also share your personal information with:

Other companies owned by or under common ownership with CaptainU. These companies may use your personal information in the same way as we can under this policy.

Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, billing, payment processing, content or service fulfillment, providing research and analytic services, website hosting, transaction fulfillment, database maintenance, contest, sweepstakes and promotion administration, fraud prevention, technology services and platforms, identity management and acquisition and conversion services.

Trusted business partners of ours who may use your information to contact you about opportunities that may be of interest to you.

Other users of certain Services of CaptainU. Your information, including information you provide and information we have collected about you from other users, may be searchable by or made available to other users of certain Services for which you may sign up (such as collegiate recruiting or photo sharing or other similar social interaction sites, for example). These users may contact you via email or, with your consent, via text messages. Once your information has been shared with another user of the Service, that user may use and maintain copies of your information outside of the Service. You may be able to control some elements of data sharing through your settings.

With colleges and universities. CaptainU may disclose your personal information directly or via a third party to representatives of accredited colleges and universities that you have indicated you are interested in attending, as well as to representatives of other accredited colleges and universities that CaptainU and/or our business partners may be of interest to you.

The public. Any information that you voluntarily disclose for posting to the Service is viewable by other users and the public. For example, a tournament director may print a list of athletes at an event and distribute that list to tournament attendees who may or may not be members of the Service.

Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of a bankruptcy or related or similar proceedings;

For personalization of services by other parties in connection with information about you along with a hashed or masked identifier, with third parties so they may better personalize your experience with them and the offers they send you.

Third parties as required by law or subpoena or to if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of government, regulatory, law enforcement, or public authorities; (b) to enforce our Terms of Use (https://CaptainU.com/legal-terms) or to protect the security or integrity of our Services; (c) protect our legal rights, privacy or safety, and the rights, privacy and safety of our affiliates, our employees, agents, contractors, or other individuals; (d) protect against fraud or other illegal activity or for risk management purposes; and/or (e) permit us to pursue available remedies, commence, participate in, or defend litigation, or limit the damages that we may sustain.

For any purpose when we aggregate or otherwise strip data of all personally identifying characteristics. We may share that aggregated, anonymized, hashed or tagged data with third parties.

We will not share your phone number(s) with unaffiliated third parties. Notwithstanding any other information that we may share with third parties in accordance with the terms of this Notice, your consent for us to collect your phone number(s) and to communicate with you via SMS or text messaging shall not be deemed to be consent by you for third-party providers or our third party affiliates to contact you by those means for any marketing and/or promotional purposes.

Data Security Measures

Data Security. CaptainU cares about the security of your information, and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through the CaptainU Services.

We seek to protect personal information using technical and organizational measures based on the type of personal information and applicable processing activity. We are committed to minimizing personal information collection to the information that is necessary for a defined purpose. As part of our effort to safeguard personal information collected from you, we implement certain information security measures by:

Having comprehensive data security policies and procedures.

Limiting the amount of personal information that we collect to strictly necessary only.

Using SSL or other secure connection technologies when receiving or sending personal information beyond internal networks.

Destroying the personal information that we no longer need.

Performing regular information security risk assessments.

Mitigating risks by following a risk treatment plan.

Screening all employees with access to personal information.

Providing regular information security awareness training to our employees.

Requiring our employees to sign confidentiality agreements.

Encrypting laptops and other portable media.

Implementing and monitoring intrusion prevention and detection systems.

Technologically separating systems containing personal information from public networks such as the internet.

Maintaining up-to-date software and safeguards.

Performing due diligence before onboarding our vendors.

Performing regular due diligence of our vendors.

Implementing physical security measures.

PLEASE NOTE: No security system is impenetrable and we cannot guarantee the security of our systems. If any information under our control is compromised as a result of a breach of security, CaptainU will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Sensitive Personal Information

Certain categories of personal information we collect are considered “sensitive” under applicable state privacy laws, including: (a) Biometric Information: Photographs, videos, and athletic performance data that may include biometric identifiers; (b) Precise Geolocation: GPS data from mobile devices when using location-based features of our Services; and (c) Information About Minors: Personal information about individuals under 18. We collect and use sensitive personal information only for purposes disclosed in this Policy and as permitted by law. California residents and residents of other states with applicable privacy laws have the right to limit our use of sensitive personal information to purposes necessary to provide our Services as described in the state-specific rights sections of this Policy.

Automated Decision-Making and Profiling

We may use automated systems and algorithms to match athletes with college programs, rank athletic performance metrics, and provide personalized recommendations through our recruiting and event management Services. These automated processes analyze athletic performance data, academic information, geographic preferences, and other profile information to generate matches and recommendations. Where such automated decision-making produces legal or similarly significant effects, you have the right to opt-out as described in the state-specific rights sections of this Policy. You may contact us at [email protected] to learn more about our automated decision-making practices or to exercise your opt-out rights.

Cookies and Tracking

Our websites use certain tags, log files, web beacons, and similar trackers from third parties (collectively, “Cookies”), of which you should be aware. Cookies are small data files stored on your hard drive or in device memory that help us to, among other things, improve the services and your experience. Web beacons are clear, electronic images that may be used on the Services or in our e-mails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine if an e-mail has been opened and acted upon.

We automatically collect certain types of usage information when you visit one of our websites or use one of our Services or Platforms. For instance, when you visit one of our websites, we may send one or more cookies to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through our sites and Platforms. A cookie may also convey information to us about how you use our Services (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take with respect to the Services). Such cookies allow us to track your usage of the Service over time. We may collect log file information about your browser or mobile device each time you access a Service. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring /exit pages and URLs, number of clicks and how you interact with links on a Service, domain names, landing pages, pages viewed, and other such information. We may employ clear GIFs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of our Services. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for our Services or to create profiles about you for advertising, marketing, and analytics purposes. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third-party applications, and other information that assists us in analyzing and improving the Services.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject any cookies. Please be advised however that some features of the Services may not work with cookies disabled and that for certain features you may not be able to disable cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

Although we do our best to honor the privacy preferences of our users, we are not able to respond to Do Not Track signals from your browser at this time.

When you access a Service by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates, (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device. When you upload photographs to our Platforms, those files may contain location information or other metadata. This metadata may be accessible to others if you share content on a Service. We may use the data collected through cookies, log file, device identifiers, location data, clear gifs and other collection information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Services; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Services; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our Services.

We may permit third party advertising networks, social media companies, and other third-party services to collect information about browsing behavior from visitors to our Services through cookies, social plug-ins, or other tracking technology. We may permit third party online advertising networks to collect information about your use of our websites over time so that they may play or display ads that may be relevant to your interests on our Services as well as on other websites or services. Typically, the information is collected through cookies or similar tracking technologies. The only way to completely “opt-out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear GIFs/web beacons and related technologies and how you may opt-out of some of this tracking, you may visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). Depending on your mobile device, you may not be able to control tracking technologies through settings.

By visiting our Services, whether as a registered user or otherwise, you acknowledge, and agree that you are giving us your consent to track your activities in connection with the Service and your use of the Service through the technologies described above, as well as similar technologies developed in the future, and that we may use such tracking technologies in the emails we send to you. Third parties may themselves set and access their own tracking technologies when you visit our Services and they may have access to information about you and your online activities over time and across different websites or applications when you use a Service. Third parities’ use of such tracking technologies is not in our control and is subject to such third parties’ privacy policies.