Privacy Policy

PLAYWIZE TECHNOLOGY INC.

PRIVACY POLICY

This policy was last updated on January 1, 2022.

READ THIS POLICY CAREFULLY BEFORE BROWSING THIS SITE OR USING OUR APPLICATION OR ANY OF OUR SERVICES. YOUR CONTINUED USE OF THIS SITE OR OUR SERVICES INDICATES THAT YOU HAVE BOTH READ AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. YOU CANNOT USE THIS SITE OR ANY OF OUR SERVICES IF YOU DO NOT ACCEPT THIS POLICY.

General

This Privacy Policy describes how PLAYWIZE TECHNOLOGY INC. (the “Company”, “we”, or “us”) collects, uses, stores, shares and protects your Personal Information in connection with your use of our Services. In addition, this Privacy Policy also describes how we process information about other people that are directly or indirectly providing us services, or from people that, despite not using the Services, have contacted us or that we need to contact because of a conflict or issue with the Services or our Company.

This Privacy Policy does not cover any interaction you may have with us by telephone, postal mail or other offline communications.

Defined Terms

In addition to terms defined elsewhere in this Privacy Policy and in our Services Terms and Conditions, the following terms have the following meanings:

“Academy” means a sporting academy or other educational institution that offers sporting and athletic development opportunities for Athletes.

“Application” means the Playwize software application that provides access to the Services.

“Athlete” means an individual who competes in one or more organized individual or team sports.

“Brand” means a company or other entity that creates, markets or otherwise makes available any product, service or concept that has a unique identity for the purpose of sponsoring, supporting or otherwise connecting that company or other entity with one or more Athletes or Teams.

“Personal Information” means any information that can be used to identify an individual through association or inference, including name, age, sex, home address, home phone number and personal email address, as well as an individual’s physical description, educational qualifications and health information. “Personal Information” does not include an individual’s business contact information, including position or title, business address, business telephone number, business email address and other business contact information.

“Services” means the services we may offer through the Site or the Application from time to time, including your ability to create a Playwise Profile, displaying your Playwize Profile, posting opportunities for Athletes, enabling you to connect with other users, browsing our marketplace, applying for opportunities and accessing and using our administrative services.

“School” means a school, college, university, or other educational institution that offers sporting and athletic development opportunities for Athletes.

“Site” means the website operated by us at https://www.playwize.io/ website, or such additional or alternate URL, as that website may be modified or replaced from time to time.

“Team” means a professional or non-professional organization having a group of individuals who play one or more sports and who offer sporting and athletic development opportunities for Athletes.

Collection of Information

The information we collect from you as an Athlete depends on what Services you use and how you use them. Please see below for more details.

A.         Information You Give Us Directly

We collect information that you provide to us directly, such as when you create or update a PlayWize Profile, set up security questions and answers and if you request support services from us, including:

  • Your PlayWize Profile Information, including your email address, username, real name, country, date of birth, telephone number and password;
  • Your image or likeness, if you upload a photograph to associate with your PlayWize Profile; ● Player statistics;
  • Photographs or videos of you;
  • Reference and supporting documents you add to your Playwize Profile, including letters of referral, certificates, awards, transcripts and other personal documents;
  • Security questions and answers; and
  • Information you provide when seeking help from us, such as your name, telephone number, and records (including call recordings) of the issues you experience.

B.         Information You Provide When Using Our Site

When you participate in social features such as chat, any audio, visual, and/or electronic information that you disclose may be read, copied, collected, or used by other users, and may become publicly available. Please make sure your privacy settings reflect your preferences.

C.         Other Information We Collect When You Use Our Services

We may collect other information automatically when you use our Services, including:

  • IP address;
  • Information about your device, hardware and software, such as your hardware identifiers, mobile device identifiers (like Apple Identifier for Advertising [IDFA], and/or Android Advertising ID [AAID]), platform type, settings and components, PlayWize software and updates you have installed, and the presence of required plugins;
  • Approximate geolocation data (derived from IP or device settings);
  • Browser information, including your browser type and the language preference;
  • Referring and exit pages, including pages viewed and other interactions with web content;
  • Details about what Services you obtain, and your use of them;
  • Device event information, including crash reports, request and referral URLs, and system activity details (e.g., whether you encountered an error using our Services or lost Internet access); and
  • Other information that you may provide as part of your use of the Services.

We also may collect and store information locally on your device, using mechanisms like cookies, browser web storage (including HTML 5) and application data caches.

D.         Information You Authorize Others to Give Us

If you, or others on your behalf, authorize a third party to provide us with data that includes Personal Information, then we will collect, use, store, share and protect that Personal Information in accordance with the terms of this Privacy Policy. Examples of third data that we may receive or obtain access to include:

  • Player statistics, including data provided via third party wearable data integration; and
  • Reference and supporting documents added to your Playwize Profile, including letters of referral, certificates, awards, transcripts and other personal documents.

Please note that if you authorize a third party to provide us with Personal Information, then until we receive that Personal Information, your data in that third party’s possession is governed by their privacy policies.

E.         Children

We allow children who are 16 years or older to register as Athletes. We also give parents/guardians certain parental controls and choices over the processing of their children’s Personal Information. We strive to follow the different minimum age guidelines set by the laws of individual countries when determining the age that children can access certain features of our Services.

Children under the age of 16 cannot register as Athletes or use the Services. If an Athlete identifies themselves as being a child who is 16 or older, then we will:

  • obtain consent from the child’s parent or guardian for the use of their child’s Personal Information, when required by applicable law. For example, we allow parents to create a Playwize Profile on certain Services, and with parental consent we will collect and use certain Personal Information of that child to manage their Playwize Profile;
  • disable features in certain Services that could allow a child to share information that directly identifies them, unless a parent has provided relevant consent to us;
  • collect and use certain information for limited purposes only. For example, we may send local inapp notifications, which do not rely on collecting Personal Information. Also, persistent identifiers (e.g., IP address or mobile advertising device identifier) may be collected to support our internal operations, such as:

o    Delivering the Services; o          Maintaining or analyzing the functionality of the Service; o           Protecting the security or integrity of the user of Services; or o        Legal or regulatory compliance.

  • not condition a child’s participation in an activity on the disclosure of more Personal Information than is reasonably necessary to participate in the activity. With certain Service-related activities, we may not permit children to participate at all, even if we have consent.

Parental Controls and Choices

If you are a parent or guardian and wish to revoke your previously provided consent, review information collected from your child or have that information deleted, please contact us as described in “How to Contact Us” below. If we become aware that a child has provided us with Personal Information without parental consent, we will delete any Personal Information we have collected, unless we have a legal obligation to keep it, and terminate the child’s Profile.

If we make material changes to how we collect, use, share or otherwise process your child’s Personal Information, we will notify parents as required by applicable law.

F.          Agents

Athletes have the ability to add the name and contact information of their Agent into their Playwize Profile. Please note that it is the Athlete’s responsibility to obtain permission from their Agent to include the Agent’s information on a Playwize Profile.

How We Process Your Personal Information

As mentioned above, if you use our Services or Site because you have created a Playwize Profile with us, this Privacy Policy describes how we process your Personal Information. You are not required to provide any Personal Information when using the Site, unless you choose to access features that require such information (as, by way of example, subscribing to our newsletter). However, your use of the Services requires that you sign up and create a Playwize Profile. This process is described in more detail in our Services Terms and Conditions.

Personal Information you provide us when using the Site and/or the Services is subject to this Privacy Policy, and you will be prompted to read and accept it.

Note to Residents of California: If you are a resident of the State of California, you have specific rights regarding access to your Personal Information:

  • California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please contact us at using one of the methods described in “How to Contact Us” below.
  • If you are under 18 years of age, reside in California and have a registered Profile, then you have the right to request removal of unwanted data that you publicly post on our Site. To request removal of such data, please contact us using one of the methods described in “How to Contact Us” below, and include the email address associated with your Profile and a statement that you reside in California. We will make sure the data is not publicly displayed on our Site, but please be aware that the data may not be completely or comprehensively removed from our systems and that the removal of any or all of such data may adversely impact your ability to use or receive the benefit of some or all of the Services.

Who processes your Personal Information? (who is the ‘Data controller’)

Personal Information is processed by us, a company incorporated under the laws of British Columbia, Canada with the following contact details:

PlayWize Technology Inc.

1168 Hamilton St #400

Vancouver, BC  V6B 2S2

Contact email: support@playwize.io

Contact email to connect with our Data Protection Officer: support@playwize.io

What are we processing your Personal Information for and why are we processing it? (‘Purposes of data processing’, ‘legal basis of the data processing’ and ‘storage periods’)

We will process your Personal Information when we have to provide Services to you or on your behalf, and we will be processing your Personal Information as long as your contractual relationship with us is in force and for a period of either (a) five years following the end of that relationship, or (b) such longer period as is required by applicable privacy laws in your country. This results in us having to process your Personal Information for purposes of providing you with both the Services, as well as to perform our obligations under the Services Terms and Conditions.

For so long as you do not withdraw your consent, we may also process your Personal Information for the following purposes:

  • to send you electronic commercial communications (if you subscribe to a newsletter) or to answer the requests you may address us when contacting us;
  • to process information obtained through cookies, as described in more detail in our Cookie Policy, and subject to the terms set forth in that policy;
  • if you opt to sign in by means of a third party social media platform, we may obtain ID confirmation and other information from that third party, as mentioned in each case;
  • for profiling purposes based on your behavior and how you browse the Site and use the Services, which pages you have visited, and to build audiences. Please note that we may profile users by means of cookies. In those cases, your acceptance of the installation and use of cookies results in a data processing for profiling purposes, as described in this paragraph;
  • we may enrich the data we have about you by obtaining information from select third parties for data enrichment purposes, provided that you have given us prior permission. Examples of those third party sources are Agents and Teams; and
  • when we have to comply with a legal obligation applicable to us from time to time.

In addition, we may process your Personal Information to protect our legitimate interests, as long as that data is strictly necessary to fulfil the goals set out below:

  • To review, monitor, investigate, and analyze how to improve the Services and/or the Site, as well as to keep our Services and the Site secure and operational and prevent abusive activity (e.g., fraud, spam, phishing activities, etc.). The interests at stake are ensuring a correct and safe environment for both other users and us, taking those interests prevalence over your legitimate interests (we need to create and maintain an environment which is in accordance with the law, the legitimate interests of other parties, what other users may expect from our end, and to protect other users’ security when accessing the Site and using the Services);
  • Besides any commercial electronic and non-electronic commercial communication sent when we have obtained your consent as mentioned above, we may also send you those kind of communications when you are our client. In this last case, we will only send you information belonging to us and concerning services and/or products identical or similar to the ones you have contracted with us. In these cases, we have a legitimate interest in processing your contact information to keep you informed about any of our products and services, prevailing this interest over your right to Personal Information given the non-sensitive nature of the data in question and the fact that the contractual relationship built with our clients results in those clients expecting these kinds of communications;
  • For purposes of maintaining records related to our daily operations, to any corporate reorganizations, financial management and reporting, and, in general, for operating our business. In these cases, we have a legitimate interest in processing your information to satisfy the legal requirements and the interest in perform our business and the obligations we have vis-à-vis you as agreed with you, prevailing this interest over your right to Personal Information given the nonsensitive nature of the data in question and the fact that the contractual relationship built with our clients results in those clients expecting to keep the relationship with them; and
  • Upon dissociating the Personal Information we have so as to be impossible to be associated to you or any other person, to perform statistical and other analysis on information we collect (technical and metadata) to analyze and measure user behavior and trends, to understand how people use our Services, in order to improve and optimize our performance of those Services, and to publish any findings.

Why We Need Access To Your Personal Information

We need to process your Personal Information to perform the legal and contractual obligations mentioned above. Otherwise, we cannot provide you with the Services and/or access to the Site. On the other hand, data processing that depends on your consent or on our legitimate interests is not legally required.

Who Will Have Access To Your Personal Information?

  • Agents, Teams, Academies, Schools, Etc.: As part of providing the Services to you, we share your Personal Information with Agents, Teams, Academies, Schools and other select users, as well as well as with our service providers who help us to provide the Services to you. Each of those parties is required to comply with our internal standards, policies and technical and organizational measures that ensure that your data is protected and kept confidential at all times, and is used only in accordance with and to the extent authorized by this Privacy Policy.
  • Other Third Parties With Your Consent: When you authorize us to do so, we may also share your Personal Information with other companies so that they can process the data for other purposes, as explained more in detail when we request your prior consent. In addition, if you provide consent for the installation of cookies, your data may be processed by third companies for the purposes and in the territories mentioned in our Cookie Policy.
  • Affiliated Companies: We may also share your Personal Information with our affiliated companies as necessary for providing the Services.
  • Legal Requirements: We will disclose information, including Personal Information, in response to a subpoena, warrant, court order, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action. If the subpoena seeks information about an identified user or limited group of users, we will make reasonable business efforts to contact the user(s) before providing information to the party that requests it. We cannot guarantee that we will be able to contact the user(s) in all cases, whether because of a time limit, court order, inability to effectively contact a user or for any other reason.
  • Investigations: We will disclose information, including Personal Information, that we, in good faith, believe is appropriate to cooperate in investigations of fraud or other illegal activity, or to conduct investigations of violations of our Services Terms and Conditions.
  • Merger, Sale, Etc.: In the event of a merger, acquisition, reorganization, bankruptcy or other similar event, our user information, including Personal Information, may be transferred to a successor entity or to an assignee, if permitted by and done in accordance with applicable law.

Where Will Your Personal Information Be Processed / Stored?

Personal Information we collect may be stored and processed for the purposes set out in this Privacy Policy in Canada or any other country in which the Company, its subsidiaries or third-party agents operate. By consenting to the transfer of your Personal Information outside of your country of residence, you acknowledge that your Personal Information may be transferred to recipients in the United States and other countries that may not offer the same level of privacy protection as the laws in your country of residence or citizenship.

Note to Residents of the EEA: We have implemented the European Commission’s Standard Contractual Clauses to govern transfers of Personal Information from the European Economic Area (EEA), United

Kingdom and Switzerland to other affiliates, agents or service providers that are outside the EEA, United Kingdom and Switzerland, which require all such recipients to protect Personal Information that they process from the EEA in accordance with European data protection laws. Our Standard Contractual Clauses can be provided upon request. We have implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.

Updating Your Information. Emails and commercial communications.

You can update any information we may have from you using the “Settings” features in your Profile or by contacting us as described in “How to Contact Us” below. Please remember that it is your responsibility to keep information updated so that we can correctly provide you with the Services, and you undertake to verify the information that you provide to us from time to time to ensure that it is accurate.

You have the right, at any time, to request that we not send you any emails or commercial communications.

To that extent, you can either change the communication preferences in the “Settings” feature in your Playwize Profile or contact us as described in “How to Contact Us” below. Please note that this will not prevent the sending of emails or other communications related to the Services, as those communications are necessary to perform the contractual relationship we have with you.

Professionals and People Contacting Us / Being Contacted

If you are a professional working for us, or you have contacted us or we need to contact you because of a conflict, this Privacy Policy sets out how we will process your Personal Information.

Who processes your Personal Information? (who is the ‘Data controller’)

Personal Information is processed by us, a company incorporated under the laws of British Columbia, Canada with the following contact details:

PlayWize Technology Inc.

1168 Hamilton St #400

Vancouver, BC  V6B 2S2

Contact email: support@playwize.io

Contact email to connect with our Data Protection Officer: support@playwize.io

What are we processing your Personal Information for and why are we processing it? (‘Purposes of data processing’, ‘legal basis of the data processing’ and ‘storage periods’)

For professionals working with us, we will process your Personal Information to perform a contract, and we will continue processing your Personal Information as long as the contractual relationship with you or the entity for which you are working for is in force and for a period of either (a) five years following the end of that relationship, or (b) such longer period as is required by applicable privacy laws in your country.

For other people contacting us, we will process Personal Information based on your consent and your request to contact you back and answer a communication or legal document initially addressed to us.

In addition to the legal basis mentioned above, we may also need to process both professionals’ and people’s contacting us Personal Information to comply with a legal obligation.

Finally, we may also process Personal Information from people we need to contact because of a conflict or a breach of our rights or other situations. This processing will take place on the basis of our legitimate interests, as long as that data is strictly necessary to review, monitor, investigate and analyze a conflict and how to protect our assets, rights and users. The interests at stake are ensuring the protection of both our users and us, taking those interests prevalence over your legitimate interests (we need to abide by the law, the legitimate interests of other parties, what other users may expect from our end).

Why We Need Access To Your Personal Information

We need to process your Personal Information to perform the legal and contractual obligations mentioned above, otherwise, we cannot provide you with the Services and/or access to the Site. Data processing that depends on your consent or on our legitimate interests is not legally required.

Who Will Have Access To Your Personal Information?

We share your Personal Information with our service providers who help us operate our business, in which case those third parties are required to comply with our internal standards, policies, and technical and organizational measures that ensure that your data is protected and kept confidential at all times, and only in accordance with and to the extent authorized by this Privacy Policy.

In addition, if you browse our Site and you provide consent for the installation of cookies, your Personal Information may be processed by third companies for the purposes and in the countries mentioned in our Cookie Policy.

We may also share your information with competent courts and authorities, when we are legally required to do so (for instance, to allow such bodies to investigate, prevent, or take action against illegal activities), or we have to take action to protect our rights or any third party rights.

Where Will Your Personal Information Be Processed / Stored?

Personal Information we collect may be stored and processed for the purposes set out in this Privacy Policy in Canada or any other country in which the Company, its subsidiaries or third-party agents operate. By consenting to the transfer of your Personal Information outside of your country of residence, you acknowledge that your Personal Information may be transferred to recipients in the United States and other countries that may not offer the same level of privacy protection as the laws in your country of residence or citizenship.

Note to Residents of the EEA: We have implemented the European Commission’s Standard Contractual Clauses to govern transfers of Personal Information from the European Economic Area (EEA), United Kingdom and Switzerland to other affiliates, agents or service providers that are outside the EEA, United

Kingdom and Switzerland, which require all such recipients to protect Personal Information that they process from the EEA in accordance with European data protection laws. Our Standard Contractual Clauses can be provided upon request. We have implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.

Profile Security

The security of your Playwize Profile relies on your protection of your password. You are responsible for maintaining the security of your password and are solely responsible and liable for any and all activities that occur under your Playwize Profile. You must not share your password with anyone. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information as part of your use of the Services.

Any email or other communication requesting your password or asking you to provide sensitive Personal Information via email should be treated as unauthorized and suspicious and should be reported to us immediately using one of the methods described in “How to Contact Us” below. If you share your password with a third party for any reason, then that person will have access to your Profile and your Personal Information. If you believe someone else has obtained access to your password, please change it immediately. If you believe that unauthorized access to your Profile has already occurred, please report it to us immediately using one of the methods described in “How to Contact Us” below.

We may have access to your password and may use it to access your Profile for debugging, quality assurance or other internal purposes.

We have implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information we process. However, please understand that we cannot, and do not, guarantee that the internet itself is 100% secure. Although we will take reasonable precautions to protect your Personal Information, transmission of Personal Information to and from our servers is at your own risk. You should only access the Services within a secure environment.

Third Party Services

Our Site or portions of the Services may contain links to third-party services or sites, including those operated by Teams, Brands, Agents, Academies and Schools. If you click on those links, then you will leave the Site and go to the third-party service or site that you selected. If you visit a third-party website or use a third-party service, you should consult that service’s or site’s privacy policy as your use of third-party sites or services is governed by their privacy policies.

Your Rights

You have the right to withdraw your consent at any time. You also have the right to request access to, and rectification of, or erasure of your Personal Information, or restriction of processing, or to object to processing, as well as the right to data portability. Please note that if you choose to cancel your Personal Information and you are an Athlete, then your Profile will be deleted and all data in your Profile will be permanently deleted from our systems. You may lodge a complaint at any time with the Office of the Privacy Commissioner of Canada.

We allow you to exercise your rights in this Privacy Policy at any time by sending an email message to our Data Protection Officer at support@playwize.io.

Security

We take reasonable measures to ensure the security and integrity of information submitted to or collected by us, but cannot under any circumstances be held liable for any loss or other damage sustained by you as a result of unlawful access to or dissemination of any Personal Information by a third party.

Governing Law and Disputes

Any litigation or other dispute resolution between you and the Company (or any of its affiliates) arising out of or relating to this Privacy Policy, our Services Terms and Conditions or your use of the Services will take place in Vancouver, British Columbia, Canada and you hereby consent to the personal jurisdiction and exclusive venue of the Courts of the Province of British Columbia with respect to any such litigation or dispute resolution. This Privacy Policy, our Services Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, excluding that body of British Columbia law concerning conflicts of laws. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, and all implementing legislation thereunder.

The Company is a Canadian company, and so we have written this Privacy Policy to satisfy Canadian privacy laws, except that we have made specific accommodation for residents of the European Economic Area, residents of South Africa and residents of California, USA as noted above in this Policy. By accessing and using the Services, you expressly agree to that level of privacy protection.

ALL CLAIMS AGAINST THE COMPANY OR ANY OF ITS AFFILIATES MUST BE BROUGHT IN YOUR OWN CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY REGISTERING A PLAYWIZE PROFILE AND/OR USING THE SERVICES, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

How To Contact Us

Send a request via our Contact Page on the Site.

You can also contact us at the following address:

PlayWize Technology Inc.

1168 Hamilton St #400

Vancouver, BC  V6B 2S2

Contact email: support@playwize.io

Contact email to connect with our Data Protection Officer: support@playwize.io

Right to Contact a Data Protection Authority

If you have a concern about how we collect and use information, please contact us. Depending on where you are located, you may also have the right to contact your Data Protection Authority.

  • Contact details for Data Protection Authorities in the EEA are available here.
  • Contact details for the UK Information Commissioner’s Office are available here.
  • Contact details for the South African Information Regulator are available here.

Changes To This Privacy Policy

Due to legal and other developments, we may amend this Privacy Policy from time to time. The version of this Privacy Policy is indicated by the effective date noted at the start of this Privacy Policy. You are responsible for remaining appraised of the current version of this Privacy Policy. The effective date noted at the start of this Privacy Policy is the effective date that governs the browsing and use of this Privacy Policy from that date until the next revision of this Privacy Policy becomes effective.

Your use of the Site or any Services after a revised Privacy Policy becomes effective constitutes your agreement to observe this Privacy Policy as revised. If you do not agree to any substantial change to this Privacy Policy, then you may terminate the Services Terms and Conditions.

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