Undefeatd Privacy Policy

Last Updated: September 5, 2024

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE TREAT YOUR PERSONAL INFORMATION AND WHAT CHOICES AND RIGHTS YOU HAVE IN THIS REGARD. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, YOU SHOULD NOT ACCESS OR USE THE APP OR ENGAGE IN COMMUNICATIONS WITH US CONCERNING OUR SERVICES.

THE APP IS INTENDED FOR USERS LOCATED IN THE UNITED STATES AND IS NOT INTENDED FOR USERS LOCATED IN OTHER COUNTRIES, INCLUDING THE EUROPEAN UNION AND THE EUROPEAN ECONOMIC AREA.

1. INTRODUCTION AND PURPOSE

Undefeatd, Inc. (also referred to herein as “Undefeatd”, “we”, “us”, and “our”) is committed to protecting the privacy and security of the personal information we collect, use, share, and otherwise process as part of our business. This Privacy Policy (the “Policy”) describes how Undfeatd processes and uses the personal information that we collect through our mobile application (the “App”), or otherwise provide to us in connection with our products, software, and services (the “Services”).

This Privacy Policy is incorporated into our Terms and Conditions. By using our App or Services, you hereby acknowledge and agree to this Privacy Policy and our Terms and Conditions.

2. CHILDREN’S PRIVACY

The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of personal information from and about children on the Internet. Our App, and Services are not directed to children under the age of 13, nor is information knowingly collected from children under the age of 13. No one under the age of 13 may access, browse, or use the App or provide any information to us. If you are under 13, please do not use or provide any information on the App (including, for example, your name, telephone number, or email address). If we learn that we have collected or received personal information from a child under the age of 13 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete it. If you believe we might have any information from or about a child under the age of 13, please contact us via the “Contact Us” details provided at the end of this Policy.

For more information about COPPA, please visit the Federal Trade Commission's website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.

3. INFORMATION WE MAY COLLECT

We may collect and process the following types of personal information from you for the purposes listed below. The information we collect depends upon things such as the nature of our relationship, the method you communicate with us, the Services you use, the purpose for your interaction with us, and the choices you make.

We collect information about you from various sources and in various ways when you use our App and Services, including information you provide directly, information collected automatically, information from third-party data sources, and data we infer or generate from other data.

Information We Receive from Third Parties

In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, advertising partners, or publicly available sources. If you connect your account on our App to your account on a third-party service we may receive information from the other service. You can stop sharing information from the other service with us by removing our access to that other service.

4. HOW WE MAY USE YOUR INFORMATION

We may use the information described above, including any personal information, in connection with the following business or commercial purposes or otherwise to the extent permitted by law:

Providing Our Services To You: We use your information to provide our Services, which includes making our App, Services, and our content available to you, to serve you the content and functionality you request, to provide and deliver products, including fulfilling any orders, troubleshooting, and personalizing our Services, to offer you goods and services which may be of benefit to you, to communicate about our Services and responding to your feedback, requests, questions, or inquiries, to enhance your experience and provide you with a more personal and interactive experience, to improve and developing existing and new Services, including evaluations of functionality and features and recognizing your devices and remembering your preferences and interactions, to ensure the privacy and security of our App, Services, and operations.

Operating Our Business: We use your information to operate our business, such as to obtain or maintain insurance coverage, managing risks, obtaining professional advice, to mitigate risks to the privacy and security of our App, Services, and operations, including fraud or phishing detection, to maintain our databases and back-ups, to enforce our Terms and Conditions, to comply with any contractual obligations, to manage our relationships with you, and to comply with your instructions or requests.

Communicating With You: We use your information to communicate with you, such as to contact you directly by mail, telephone, email, SMS, or other electronic messaging service to in order to respond and provide the appropriate assistance and response to you; to extend offers of goods and services or information that may be of interest to you; to keep records of our communications with you; to determine user interests; for usage analytics purposes; and to administer a promotion, survey, or other customer engagement features. You may unsubscribe from certain communications at any time. Please see the “Your Rights and Choices Regarding Your Personal Information” Section of this Policy for more information.

Marketing and Advertising: We use your information to tailor our products and Services so that they are more relevant to you, to understand your preferences and provide and improve support related to our product and service offerings, including targeted offers and advertising through the App, on third-party sites, and via other communication mediums, to advertising our products and Services, to assess the success of our marketing campaigns and enhance our marketing efforts, to inform you of new products and Services, to run contests and promotions, and to conduct research and analysis for marketing, business, and other operational purposes.

Fraud, Security, Legal Enforcement and Compliance: We use your information to protect the security and integrity of our business, the App, and our Services, such as to enforce our agreements with you, to comply with federal, state, or local laws; to comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons; to cooperate with law enforcement agencies concerning conduct or activity that we may believe violates applicable law; and to establish, exercise, defend legal rights or claims, whether in court, administrative, or other proceedings.

We may also use your information to accomplish any other purpose related to and/or ancillary to any of the purposes described in this Policy, for which your personal information was provided to us, or for which we have a legal basis under applicable law. We may combine personal information about you with other information we have acquired from third parties in accordance with applicable law and will treat the combined information as personal information under this Policy.

We create, disclose, and otherwise use information as de-identified or aggregated data which, upon aggregation and de-identification, are no longer treated as personal information subject to this Policy.

5. HOW WE MAY DISCLOSE YOUR INFORMATION

We may disclose or share your personal information described above to the following types of third-parties:

Service Providers: We may share your personal information with our third-party service providers and other parties who perform a variety of functions on our behalf or at your direction for the purposes described in this Policy. This includes, but is not limited to, development, administration, and maintenance of the App, support our provision of Services requested by you, provide technical support, sending marketing, promotions, and communications to you about our Services, provide payment processing, enhance the security of our App, marketing or advertising services, and assisting with other legitimate purposes permitted by law.

We may also disclose the personal information we collect to our analytics vendors and partners, including social media companies such as Facebook, to develop aggregate analytics and business intelligence for our advertising and marketing purposes. For example, we use personal information to create custom audiences and measure the success of promotions.
When you watch videos on the App, you agree that we may disclose your video viewing to or obtain information about your video viewing from analytics service providers, advertising partners, and social media platforms.

Corporate Affiliates: We may share your personal information with our subsidiaries or affiliates, and with their respective officers, directors, employees, accountants, attorneys, and agents.

Acquisition and Similar Transactions: If we sell, transfer, or otherwise share some or all of our assets in connection with a merger, reorganization, liquidation, dissolution, bankruptcy, or sale of assets, we may disclose your personal information as a part of the assets transferred as a result of the transaction. For example, if another company acquires us, we will share your personal information with that company.

In Response to Legal Process or Defending Legal Claims: We may disclose personal information as required by law, court orders, subpoena, or other legal process or if we reasonably believe such action is necessary to comply with the laws.

Professional Advisors: We may share your personal information with our attorneys, accountants, and/or other fiduciaries and consultants that need access to your information to provide operational or other support on our behalf.

With Your Consent or at Your Direction: We may ask, from time to time, if you would like us to share your personal information with other unaffiliated third parties who are not described elsewhere in this Policy. We may disclose your information in this context with your permission or upon your direction.

Third Parties: We may provide personal information about you to third parties that may offer services specifically requested by you.

Deidentified or Aggregated Data: We may share aggregated information, and information that does not identify any specific individual, such as groupings of demographic data and customer preferences, (i) for compliance with reporting obligations; (ii) for business or marketing purposes; and (iii) to assist us and others in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, marketing, and/or functionality.

6. COOKIES AND SIMILAR TECHNOLOGIES

A “cookie” is a small file created by a web server that can be stored on your device (if you allow) for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” or “permanent” cookie). “Session” cookies are temporarily stored on your device and only last until they expire at the end of your browsing session. “Persistent” or “permanent” cookies remain stored on your device until they expire or are deleted by you. Local stored objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website. First-party cookies are set by the website you are visiting, and they can only be read by that site. Third-party cookies are set by a party other than that website.

Other Similar Technologies

In addition to cookies, there are other automatic data collection technologies, such as Internet tags, web beacons, pixels (clear gifs, pixel tags, and single-pixel gifs), and navigational data collection (log files, server logs, etc.) that can be used to collect data as you navigate through and interact with a website. For example, pixels are small images on a web page or in an email that collect information about your browser or device and can set cookies. Web beacons are tiny graphics with unique identifiers that are used to understand browsing activity. UTM codes are strings that can appear in a URL when you move from one web page or website to another. The string can represent information about your browsing, such as which advertisement, page, or publisher sent you to the receiving website.

What Cookies and Similar Technologies Do We Use and Why Do We Use Them?

Our App itself does not use Cookies and Similar Technologies. However, certain Third Party Service Providers, social media plug ins, and analytics tools may use Cookies and Similar Technologies.

Third Party Service Providers. While our App itself does not use Cookies and Similar Technologies, our third party service providers may use certain cookies and similar technologies in providing services to Undefeatd. Such third party cookies may include both technically necessary and non-technically necessary cookies and similar technologies, as well as use of third party code and libraries that use Cookies to collection information and to improve their services to Undefeatd.

We do not control third party service provider’s collection or use of your information. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can read more about how companies use cookies to conduct targeted or retargeted advertising, and ways to opt-out of receiving targeted ads from members of the National Advertising Initiative (“NAI”) on its website at: www.networkadvertising.org.

Social Media: Finally, Social and Content cookies are placed by many social media plugins (for example the Facebook ’like’ button), and other tools meant to provide or improve the content on a website (for example services that allow the playing of video files, or that create comments sections). We integrate these modules into our App to improve the experience of browsing and interacting with our App. Please note that some of these third party services place cookies that are also used for things like behavioral advertising, analytics, and/or market research. If you would like more detailed information about first party and third party cookies in use on or related to the App, please contact us. You may also learn more about internet advertising practices and related consumer resources at http://www.aboutads.info/consumers/.

We also may use third-party digital tracking technologies and receive data from such technologies including, but not limited to, the following:

Google Analytics. We use Google Analytics to collect and process statistical data about the number of people using the App and to better understand how they find and use the App. The data collected includes data related to your device/browser, your IP address, and on-site activities, to measure and report statistics about user interactions. The information stored is reduced to a random identifier. Any data collected is used in accordance with this Policy and Google’s privacy policy. You may learn more about Google Analytics by visiting: https://www.google.com/policies/privacy/partners/ and https://support.google.com/analytics/answer/6004245.

You can learn more about Google’s restrictions on data use by visiting the Google Privacy Policy located at: https://www.google.com/policies/privacy. To opt-out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout and install the opt-out browser add-on feature. For more details, visit the “Google Analytics opt-out browser add-on” page located at https://support.google.com/analytics/answer/181881?hl=en.

Google Tag Manager. We may use Google Tag Manager, which allows marketed website tags to be managed using an interface. The tool itself (which implements the tags) does not use cookies and does not register identifiable data. The tool causes other tags to be activated which may, for their part, register personal information under certain circumstances. Google Tag Manager does not access this information. Google Tag Manager is subject to the Google Privacy Policy located at: https://www.google.com/intl/en/policies/privacy.

How Do Our Advertising and Marketing Partners Use Cookies for Interest-Based Advertising?

We may use third parties such as advertising networks and other content providers to serve targeted ads on our App and on other websites like social media sites. This practice is referred to as interest-based advertising or cross-context behavioral advertising. These advertising networks and/or content providers may use cookies and similar tracking technologies to uniquely distinguish you, your web browser, or your device and report certain information about your use of our App and other websites (e.g., web pages you visit and your response to ads) in order to measure the effectiveness of our marketing campaigns and to deliver ads that are more relevant to you, both on and off the App and across your devices, including on social media sites. This information may also be used to evaluate our online advertising campaigns.

Some third parties may use data collection technologies to collect information from our App and combine it with other information they have collected relating to your web browser’s activities across their network of websites, where permitted. We do not control these third parties’ technologies or how they may be used. If you have questions about targeted content, you should contact the responsible party directly or consult their privacy policies, or contact us at privacy@undefeated.io with any questions. Please see examples of the opt-outs offered below.

How Can You Opt-Out from Interest-Based Advertising?

There are a variety of methods available to you to opt-out of certain third-party tracking technologies, including using tools provided within your device, browser, or the settings menu within a mobile application which may include an option that allows you to refuse the placement of certain tracking technologies. Some advertising networks we may use for these purposes may be members of the Digital Advertising Alliance (“DAA”) or the Network Advertising Initiative (“NAI”). Please visit the websites below to learn more about interest-based advertising and to opt out of receiving personalized advertising or content from participating third-party advertising companies:

Digital Advertising Alliance: https://optout.aboutads.info/?lang=EN&c=2#!%2F

National Advertising Initiative: https://optout.networkadvertising.org/?c=1#!%2F

Please note that if you opt-out, you may still receive online advertising from us, but it will not be tailored to your interests based on online behavioral information about you. To successfully opt-out, you must have cookies enabled in your web browser (see your browser’s instructions for information on cookies and how to enable them). Your opt-out only applies to the web browser you use, so you must opt-out of each web browser on each computer you use. Once you opt-out, if you delete your browser’s saved cookies, you will need to opt-out again.

Other Third-Party Technologies

Some third parties may use data collection technologies to collect information about you when you browse the Internet. We do not control these third parties’ technologies or how they may be used. If you have questions about targeted content, you should contact the responsible party directly or consult their privacy policies.

Choices About Cookies

Most web browsers are set by default to accept cookies. If you do not wish to receive cookies, you may set your browser to refuse all or some types of cookies or to alert you when cookies are being stored. These settings may affect your enjoyment of the App’s functionality. Adjusting the cookie settings may not fully delete all of the cookies that have already been created. To delete them, you should review your web browser settings after you have changed your cookie settings.

The links below provide additional information about how to disable cookies or manage the cookie settings. PLEASE NOTE: These third-party links are provided for your convenience and we may not actively monitor the content of these links.

Google Chrome: https://support.google.com/chrome/answer/95647?hl=en

Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Internet Explorer: http://windows.microsoft.com/en-GB/windows-vista/Block-or-allow-cookies

Safari: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac and https://support.apple.com/en-us/HT201265

For more information on how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/. You may learn more about internet advertising practices and related consumer resources at https://youradchoices.com/control, https://thenai.org/about-online-advertising/faq, and http://www.networkadvertising.org/choices.

7. VISUAL MATERIALS AND CONSENT TO COLLECT, USE, AND DISCLOSE VIDEO VIEWING HISTORY

The App may display rerecorded videos or similar audio-visual materials (“Videos”). Notwithstanding such potential displays, such functionality on our App is not an admission by Undefeatd and it shall not otherwise be interpreted, in any form or manner, to mean that Undefeatd is a “video tape service provider” for purposes of the Video Privacy Protection Act (codified as amended at 18 U.S. Code § 2710) (the “VPPA”) or that Undefeatd is otherwise subject to the VPPA.

We may collect personal information with respect to you viewing, streaming, or otherwise accessing such Videos and we may disclose such personal information regarding your video-viewing history on the App to third parties through the use of cookies, pixels, or other tracking technologies, such as Facebook, to facilitate or assist with our marketing and advertising campaigns. By viewing, streaming, or otherwise accessing Videos on the App, you hereby acknowledge, agree, and consent to our collection, use, and disclosure of such personal information regarding your video-viewing history on the App.

8. RETENTION OF PERSONAL INFORMATION

We retain and use your personal information for as long as is necessary to fulfill the purposes for which it was collected, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to provide our services, and to enforce our agreements.

We take reasonable steps to delete the personal information we collet when: (1) we have a legal obligation to do so; (2) we no longer have a purpose for retaining the information; or (3) if you ask us to delete your personal information unless we determine that doing so would violate our existing, legitimate, legal, regulatory, dispute resolution, contractual, or similar obligations. We may also delete your information if we believe it is incomplete, inaccurate, or that our continued storage of it is contrary to our objectives or legal obligations. When we delete data, it will be removed from our active servers and databases, but it may remain in our archives when it is not practical or possible to delete it.

To the extent permitted by law, we may retain and use anonymous, de-identified, or aggregated information for performance reporting, benchmarking, and analytic purposes and for product and service improvement.

9. SECURITY AND PROTECTION OF PERSONAL INFORMATION

We recognize the importance of safeguarding your personal information and we endeavor to maintain reasonable and appropriate physical, technical, and organizational safeguards to protect your personal information against accidental loss and unauthorized access, use, alteration, or disclosure, and to detect fraudulent identity verification activity and mitigate risks concerning your personal information.

While our security measures seek to protect your information in our possession, no security system is perfect, and no data transmission is 100% secure. As a result, while we strive to protect your information, we cannot guarantee or warrant the security of any information transmitted to or from the App, or otherwise through our Services. Where you use a password for access to restricted parts of our App, you are responsible for keeping your password confidential. Do not share your password with anyone. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the App and Services.

10. YOUR RIGHTS AND CHOICES REGARDING PERSONAL INFORMATION

Please use the “Contact Us” details provided at the end of this Policy to exercise your rights and choices under this Policy. If you would like to manage, change, limit, or delete your personal information, or if you no longer want to receive any email, postal mail, or telephone contact from us in the future, such requests may be submitted via the Contact Us details at the end of this Privacy Policy. We honor such requests when we are required to do so under applicable law.

Email Opt-Out. If you no longer wish to receive communications from us via email, you may opt-out by clicking the “unsubscribe” link at the bottom of our emails or by contacting us via the “Contact Us” details at the end of this Policy and providing your name and email address so that we may identify you in the opt-out process. Once we receive your instruction, we will promptly take corrective action.

Cookies: You may be able to set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. You may also adjust your cookie preferences by using the cookies consent banner, if available.

Accuracy and Updating Your Information. Our goal is to keep your personal information accurate, current, and complete. If any of the personal information you have provided to us changes, please update it in your user/account profile, or let us know via the “Contact Us” details at the end of this Policy. We are not responsible for any losses arising from any inaccurate, inauthentic, deficient, or incomplete personal information that you provide to us.

Do Not Track. Some web browsers may transmit “do not track” signals to the websites and other online services with which the browser communicates. We do not currently recognize browser settings or signals of tracking preferences, which may include “Do Not Track” instructions.

Complaints. If you believe your rights relating to your personal information have been violated, please contact us via the “Contact Us” details provided at the end of this Policy.

California Shine the Light. Under California Civil Code Section 1798.83, California residents who provide personal information in obtaining products or services for personal, family, or household use may be entitled to request and obtain from us once a calendar year information about the information we shared, if any, with other businesses for direct marketing uses. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing, if any, will be included in our response. As part of the California Online Privacy Protection Act, all users of our App may make any changes to their information at any time by contacting us at privacy@undefeatd.io

11. INDIVIDUAL RIGHTS

To the extent you are a resident of certain U.S. states with comprehensive state privacy laws, you may be eligible for one or more of the following consumer rights where authorized by applicable U.S. state privacy laws. This section provides an overview of these rights which we honor where required by applicable law:

Right to Access. Subject to certain conditions set forth in the applicable U.S. state privacy laws, you have the right to know and see what personal information we have collected about you and receive a copy of such information in a portable format, purposes for which we collect your personal information, recipients of your personal information to whom we disclose or share, which in some states may include categories of personal information collected, categories of sources of collection, business or commercial purposes for data processing, and categories of 3rd parties with whom we disclose that information.
Right to Correct. Subject to certain conditions and exceptions set forth in the applicable U.S. state privacy laws, you have the right to request that we correct any inaccurate personal information that we have collected about you.
Right to Delete. Subject to certain conditions and exceptions set forth in the applicable U.S. state privacy laws, you have the right to request that we delete the personal information we have collected about you.
Right to Opt-Out. Subject to certain conditions set forth in the applicable U.S. state privacy laws, you have the right to opt out of targeted advertising, profiling, the sale or sharing of your personal information, to the extent such instances occur (as defined under applicable state laws). We do not have actual knowledge that we sell personal information of minors under 16 years of age.
Right to Non-Discrimination. You have the right not to be discriminated against for exercising any of your rights under any applicable U.S. state privacy laws.
Right to Appeal. To the extent the applicable U.S. state privacy laws provide such rights, you may appeal our denial to act on your consumer rights under the applicable state privacy laws within a reasonable time. We will respond within designated period for responding to U.S. data subject requests and may exercise the right to extend this response period (to the extent authorized by applicable state privacy laws).
Right to Limit Use and Disclosure of Sensitive Personal Information. If any U.S. state privacy laws classify your personal information we collect as “sensitive personal information,” we use such data reasonably necessary to provide and perform our Services as requested by you or as otherwise permitted by law.

If you have questions or concerns regarding this Section or would like to exercise your consumer rights (to the extent available under applicable U.S. state privacy laws), please use the “Contact Us” details at the end of this Policy.

12. THIRD-PARTY SITES

This Policy only applies to the App and Services, and it does not apply to any third-party websites or applications.

The App may contain links to, and media or other content from, third parties. These links are to external resources and third parties that have their own privacy policies. Because of the dynamic media capabilities of the App, it may not be clear to you which links are to external, third-party resources. If you click on an embedded third-party link, you will be redirected away from the App to the external third-party website. You can check the URL to confirm that you have left the App.

We cannot and do not (1) guarantee the adequacy of the privacy or security practices employed by or the content and media provided by any third parties or their websites, (2) control third parties’ independent collection or use or your information, or (3) endorse any third-party information, products, services or websites that may be reached through embedded links on the App.

Any information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms of use. If you are unsure whether a website or application is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website or application

13. UPDATES AND CHANGES TO THIS POLICY

We may add to, change, update, or modify this Privacy Policy from time to time. Should this Privacy Policy change, we will post all changes to this Privacy Policy on this page and any such changes, updates, or modifications will be effective immediately upon posting. If we make material changes, we will also notify you through a notice on the App for a reasonable period of time. We may also, in our discretion, notify you of changes to this Privacy Policy via email. The date on which this Privacy Policy was last modified is identified at the beginning of this Privacy Policy.

You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review this Policy prior to using the App, and from time to time, so that you are aware of any changes. Your continued use of the App after the “Last Updated” date will constitute your acceptance of and agreement to such changes and to our collection and sharing of your information according to the terms of the then-current Privacy Policy. If you do not agree with this Policy and our practices, you should not use the App.

14. CONTACT US

For more information, or if you have any questions or concerns regarding this Privacy Policy, you may contact us using the information below, and we will do our best to assist you. Please note, if your communication is sensitive, you may wish to contact us by postal mail.

By Email: privacy@undefeatd.io