Last Updated October 27, 2023
When we refer to “you” or “your” in this Policy we mean any individual who interacts or uses our Services. By using the Services, you represent that you understand and agree to this Policy, and consent to the collection, use, and sharing of information as described in this Policy. If you do not consent to our practices, you can choose not to use the Services.
INFORMATION WE COLLECT
Information You Voluntarily Provide
Fivestar collects information about you when you interact with our Services including information that you voluntarily provide when you use the Services; register and create an account for any of the Services; complete any survey, questionnaire, or other form of information request from Fivestar; purchase or sell highlights and/or other content through the Marketplace; provide feedback or suggestions about your experience; sign up to Fivestar’s community to receive our newsletter, or other marketing or promotional materials; add or update your account information; submit a Contact Us inquiry or otherwise communicate with us; log into and navigate through the Marketplace or use the Services from one or more of your devices or otherwise interact with the Services. Information that we collect may depend on how you interact with Fivestar and use the Services. A description of the types of information we may collect, as applicable, is described in detail below.
- General User Data such as email, password, and user settings.
- Creator Data such as first name, last name, username, profile picture, bio, website, social media accounts, location (i.e. city and state), sports covered and skills (e.g. videography, photography, graphic design, social media and brand management).
- Personal Identifiers such as name, address and billing information.
- Contact Information such as your address, email, and telephone numbers.
- Financial Information such as credit or debit card information, payment details, or other payment information.
- Commercial Data such as order amount, details about the content you have purchased or licensed, transaction records, and/or other details of content you have purchased or licensed through our Marketplace in the past.
- Usage Data, includes information about how you use our Marketplace and Services, such as statistics regarding the opening and clicking on emails, and other activities on the Marketplace, including abandoned cart items, referring/exit pages, and clickstream data.
- Marketing and Communications Information such as marketing campaign data, click-throughs, your preferences and consent to receiving marketing from us and third parties, your communication preferences, email, phone calls, and text communications.
- Highlight Data such as, highlight details (e.g. highlight title, highlight price, and highlight gallery), implicated sport, captured athlete name and number, relevant team sponsor, class/age group, event details (e.g. event date, event location) and underlying audio and visual content pertaining to the highlight (e.g. video, audio recordings and photographs, including meta data such as date/time stamp, file size and the codex).
Information We Collect When You Use the Services
Automated technologies or interactions. As you navigate around the Marketplace and/or use the Services, certain information can be collected using various technologies to help us personalize your Fivestar's experience. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, time zone setting and location, language preferences, device type and ID, and other technical information from the devices you use to access our Services.
Information You Provide to A Third Party
We may receive information about you from third parties. We may associate this information with the other information we have collected about you as described in this Policy. The collection, use, and disclosure of information received from third parties may be governed by the third parties’ privacy policies. Please carefully review these third-party privacy policies before submitting your information to a third-party application or otherwise interacting with it to understand how your information may be collected, used, and disclosed by these third parties. We have no control over, and cannot and do not assume responsibility for the data collection and privacy practices employed by any of these third parties or their services
USE OF YOUR INFORMATION
Our primary purpose for collecting your information is to provide you with the services you request. We may also use your information for the following purposes:
- Provide you with our Services and to operate our business.
- Verify your identity and account information in connection with our Services you request.
- Provide you with required notices, updates about our Services as well as other important information.
- Provide you with recommendations for highlights, content and services that we believe would be of interest to you.
- Assist you with setting up and managing your account with us.
- Resolve disputes and/or questions about our Services.
- Problem troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting data.
- Enforce our Terms for use of our Services and the terms of this Policy
- Customize, measure and improve our Services and content
- For our own internal business purposes
- Communicate with you about highlights, content, services, updates, events, promotional offers, research, insights, and other information that may be of interest to you from us and our trusted partners
- Protect our interests, including establishing, exercising and defending legal rights and claims
- As necessary to comply with legal requirements, to prevent fraud, to co-operate with law enforcement and regulatory authorities, and to stop other prohibited, illegal, or harmful activities
- For purposes disclosed at the time you provide/we request your information or as otherwise set forth in this Policy
INFORMATION WE SHARE
Information You Instruct Us to Share
In connection with the Services, you may be presented with an option to have us send certain information to third parties or give them access to it. If you choose to do so, your information will be disclosed to such third parties and all information you disclose may be subject to the third-party privacy policies and practices of such third parties.
When you create an account to sell highlights on the Marketplace, we may make Creator Data publically available to other users of the Marketplace.
We may use third-party service providers to perform certain business services and may disclose your information to such service providers as needed for them to perform these business services. Service providers are only allowed to use, disclose, or retain this information to provide these services. Business services provided include, but are not limited to, hosting services, data storage providers, providing account authentication and user verification services, billing and accounting, payment processors, marketing, promotional and email services, customer and technical support, conducting quality assurance testing, and facilitating the back-office support for the Services.
Internal Third Parties
We may share your information with our affiliated entities, successors, predecessors, assigns, licensees, or business partners, and others who may use the information for the purposes described above
We may do business with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then your information may be transferred to the new owners who may use your information in the same way as set out in this Policy.
Subject to applicable law, we may disclose information about you i) if we are required to do so by law, regulation or legal process, such as a subpoena; ii) in response to requests by government entities, such as law enforcement authorities; iii) when we believe disclosure is necessary or appropriate to prevent physical, financial, or other harm, injury, or loss; or iv) for the purposes of cooperation with law enforcement agencies’ and/or in connection with an investigation of suspected or actual unlawful activity
Some personal information is disclosed as a matter of course as a result of your use of our Services. Any Personal Information shared via any bulletin board, comment posting feature, or other shared or public communication service, forum, or feature offered through the Services, or on another website (such as Facebook, Instagram, TikTok, or Twitch) may become public information. You should exercise caution when disclosing information in these areas, especially your location data, and be careful how you disclose your personal information. YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM YOUR OWN VOLUNTARY DISCLOSURE OF PERSONAL INFORMATION IN SHARED AND PUBLIC FORUMS.
COMMUNICATIONS AND OPT-OUT
While we value our communications with you, if you do not want Fivestar or its representatives to contact you for marketing purposes, you may opt-out of this preference at any time by following the unsubscribe instructions included in the email. This opt-out will not apply to operational or informational emails related to your account or other administrative purposes. You may continue to receive promotional email messages for a short period while we process your request.
The Services are intended for users aged thirteen (13) and older. If you are under the age of thirteen (13), you are not authorized to provide us with any personally identifying information, nor access or use our Services in any manner whatsoever. By using the Services, you represent that you are thirteen (13) years of age or older. If Fivestar believes that you are under the age of thirteen (13) or that you are not old enough to consent to and be legally bound by this Policy, Fivestar may, at any time, in its sole discretion: (i) terminate your access to or use of the Services (or any portion, aspect, or feature of them), or (ii) delete any content or information that you have posted through the Services.
USE OF THE SERVICES
By accessing and using the Services, you acknowledge and agree that we control and operate the Services from our offices in the United States of America and that the Services are intended for use by users located in the United States of America. Unless expressly stated to the contrary, we make no representation that the Services are appropriate or will be available for use in other locations.
NOTICE TO CALIFORNIA RESIDENTS
Your California Privacy Rights. California Civil Code Section 1798.83 permits California residents who have provided personally identifiable information to us or our third-party advertisers and marketing partners, if any, to request certain information regarding our disclosure of personally identifiable information to third parties for their own direct marketing purposes. Requests should be submitted via email to email@example.com and should include CALIFORNIA PRIVACY RIGHTS in the subject line. Please be aware that not all information sharing is covered by the requirements of Section 1798.83 and only information on covered sharing will be included in our response. This request may be made no more than once per calendar year.
Your ‘Do Not Track’ Browser Setting. Some web browsers incorporate a Do Not Track (“DNT”) feature that signals to the websites that you visit that you do not want to have your online activity tracked. At this time, our Marketplace does not respond to DNT signals. Other third party websites may keep track of your browsing activities when they provide you with content, which enables them to customize what they present to you on their websites.
If you have any questions about our privacy practices or this Policy, please contact us at: firstname.lastname@example.org