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Privacy Policy

Ballogy, Inc. (“Ballogy” or “we” or “us”) has created this Privacy Policy in order to disclose its use of data collected about you. This Privacy Policy is effective as of May 23, 2023. Any questions regarding this policy should be directed by email to info@ballogy.com. You may also contact Ballogy at Ballogy, 13875 Bee Cave Pkwy, Austin, TX 78738. The following discloses Ballogy’s information gathering and dissemination practices for its website, social media, applications and other services. If you use the Ballogy apps, services or website, you consent to this policy and the collection, use and sharing of your personal information as described herein. You may also exercise certain legal rights or choices concerning your personal information, as described below.

Information Collected and Received

Ballogy may collect or receive personal information about you, including, but not limited to, user name, password, first and last name, email address, street address, gender, occupation, and interests. You can choose what information you want to share with Ballogy, however if you choose to withhold any personal information requested by us, it may not be possible for you to gain access to certain parts of the Ballogy website and/or services. We collect personal information from you at several different points, including but not limited to the following:

Ballogy does not require you to include sensitive information (e.g. racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic data, biometric data, data concerning health or data concerning sexual orientation). In the event that you provide such sensitive information as listed above you acknowledge that you have provided Ballogy explicit consent to receive such information. Some personal information may also be collected or provided to Ballogy by another person, service provider, or other third-party. If you interact with some third party services, such as social media companies, particularly where you have an account with the third party, they may collect additional information separate from Ballogy.

Lawful Basis for Processing

Certain jurisdictions require a lawful basis for processing of personal information, and we will only collect and process your personal information there where we have lawful basis. Our lawful basis include consent (where you have given it), where processing is necessary for the performance of a contract with you, and for the purposes of our legitimate interests or the legitimate interests of our third parties, provided that such interest does not outweigh your rights and freedoms. Examples of legitimate interest include but are not limited to: (i) complying with applicable law, (ii) protecting against security or other threats, (iii) administration of our business interests, including improvements and enhancements of our business, and (iv) customer relationship issues.

Your Rights: Access, Correction, Deletion and Other Rights

We retain the personal information about you, including that personal information you provide to us when you registered with the Ballogy website and/or application or any other information that you volunteered for (i) as long as your account is active or (ii) otherwise for a limited period of time as long as we need to fulfill the purposes for which we have initially collected it or any subsequent authorized use, unless otherwise required by law. We retain any information provided as described in the How We Use Your Information section below. You may have the right to request access to, or restrict processing of, the information that Ballogy has on you in certain jurisdictions. You can do this by contacting us at info@ballogy.com. In order to comply with your request, we may have to verify your identity. If you believe that the information that we have about you is incorrect, you are able to contact us at info@ballogy.com with the change request. You may also have the right to request the deletion of any personal information that we have on you in certain jurisdictions. If you wish to do so, please contact us at info@ballogy.com. Note that Ballogy may not be able to delete any depersonalized data on you, any data that is needed for the purposes specified below, or other purposes permitted by the applicable law. You may also have the right to make a complaint to the relevant data protection regulator. If you need further assistance regarding your rights, wish to exercise a right provided by law that is not listed here, or to attempt to resolve a privacy issue prior to contacting regulators, please contact us using the contact information provided below.

How We Use Your Information

Ballogy may use personal information that we collect about you to:

Ballogy uses other companies to perform services as necessary to our operations. In the course of providing these services, those companies may have access to and use your personal information. Those companies must treat your information in accordance with our contractual agreement with them. However, we will not be liable for any damages that may result from the misuse of your personal information by these companies.

How We Share Your Information

(a) Personal Information:

Ballogy will never sell your email address or any other personal information, to any third party for monetary consideration without your permission. We may store personal information in locations outside the direct control of Ballogy (for example, on servers or databases co-located with hosting providers). Any personal information you elect to make publicly available on our websites and/or applications (such as posting comments, reviewing items, etc.) will be available to others. Except as described in this Privacy Policy, we will not disclose your personal information to any third party except consultants/contractors/service providers working on our behalf or organizations working on your behalf, without notifying you of our intent to share the information and giving you an opportunity to prevent your information from being shared. From time to time, we may partner with companies based on the interests of our users. In such case, we will do so in a manner that respects your privacy and is consistent with the disclosures in this Privacy Policy.

(b) Other Information:

Ballogy may collect, use and disclose other information from your use of the website, applications or services, provided such information does not individually identify you or otherwise qualify as personal information (or similar) under an applicable law that restricts its collection, use or disclosure. Ballogy shall have the right to aggregate and/or retain records of such data including, but not limited to, usage, activity logs, and click-throughs. Ballogy may de-identify personal information in accordance with applicable laws and any applicable contractual agreement. Ballogy may disclose data under this section, whether in the form collected or a derivative form, to third parties provided that any information is presented in an aggregate and/or deidentified form.

(c) We May Be Required to Share Your Information:

Ballogy reserves the right to disclose information when required by law, such as by a subpoena or other legal proceedings. Ballogy may also disclose your information if we reasonably believe it necessary to (i) comply with requests of law enforcement or other applicable law; (ii) to enforce any agreement between you and us; (iii) to protect the security and integrity of our site, applications, or services; and/or (iv) to protect us, our users or others.

(d) What Happens in the Event of a Change of Control:

We may be involved with an acquisition or divestiture of our business, products or services. Information we maintain including names and email addresses, and other information related to the Ballogy service may be sold or transferred in connection with such transaction. We may also sell, assign or otherwise transfer such information in connection with a sale of all or substantially all of our business or assets. You will be notified via email and/or a notice on our site of any applicable change in ownership or uses of your information.

(e) Behavioral Targeting / Re-Targeting:

We may choose to allow advertisers to display advertising on our sites and applications. Our advertisers may use technology such as cookies to gather information about your activities on multiple sites in order to provide you advertising based upon your activities and interests. The only way to opt out of the collection of any information through cookies or other tracking technology is through the settings in your browser or mobile device. Please review your browser or mobile device 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, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). If you access the Ballogy service, websites and/or applications on your mobile device, you may not be able to control tracking technologies through the settings. For more information, see the Cookies Section below.

(f) Testimonials:

We may also disclose statements/reviews made by our visitors/users. If at any point you wish to update or delete your testimonial, please contact us at info@ballogy.com.

(g) Service Providers:

Ballogy uses other companies to perform services as necessary to our operations, and we may share data with them to perform their services. For example, we may use an outside support/help platform, and a credit card processing company to bill you if you purchase services.

(h) Subsidiaries and Affiliates:

Ballogy may share your personal information with its subsidiaries and affiliates for any lawful purpose.

How We Store and Process Your Information; International Transfers

The information collected by Ballogy may be processed and/or stored in the United States or any other country in which Ballogy or its affiliates or service providers maintain operations. Ballogy may transfer information that we collect, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction of domicile to other countries or jurisdictions. The website is hosted and operated entirely in the United States and is subject to United States law. Any personal information that we collect from you is currently stored and processed in the United States. If you are accessing the website and/or application outside of the U.S., you need to understand that by accessing our website and/or application, you consent to the transfer of your personal information to the United States. Please be advised that United States law may not offer the same privacy protections as the law in your jurisdiction. Ballogy may act as a Processor or Subprocessor, and not a Controller, with respect to personal information collected on behalf of customers. If we are a Processor or Subprocessor with respect to your data, the processing of your data will be set by the Controller and there may be additional or different terms with respect to your data.

How We Protect Your Information

Ballogy is concerned with protecting your privacy and data, and therefore we use industry-standard technologies when transferring and receiving data exchanged between Ballogy and other persons to help ensure its security. However, we cannot ensure or guarantee the security of any information you transmit to us or guarantee that your information on the Ballogy service may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. If you have any questions about security on our website and/or application, you can contact us at info@ballogy.com.

Cookies

“Cookies” are small pieces of information that are stored by your browser on your computer's hard drive. We use cookies to understand website and/application usage and to improve the content and service. We also may use cookies to offer you products or services. You have many choices with regards to the management of cookies on your computer. All major browsers allow you to block or delete cookies from your system. To learn more about your ability to manage cookies, please consult the privacy features in your browser. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use on our sites. We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our users to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities. We may allow third parties, including our authorized service providers, advertising companies, and ad networks, to display advertisements on or in connection with our site. Ballogy and these companies may use tracking technologies, such as cookies, to collect information about users who view or interact with these advertisements and connect to the Ballogy sites and/or applications. This information allows Ballogy and these companies to deliver targeted advertisements and gauge their effectiveness.

Global Positioning System

Global Positioning System (GPS) tracking technology may need to be enabled in Ballogy products and services in order to determine the location (latitude and longitude) of users of the Ballogy products and services. You acknowledge and consent to the use of this technology. You have the right to reject the use of this technology by contacting info@ballogy.com, however note that to the extent this technology and its applicable information is used in conjunction with Ballogy’ applications and therefore some elements of the Ballogy’ website and/or application may not be accessible to you. This information may be transmitted to Ballogy, Ballogy’s users, and temporarily stored by Ballogy, as necessary for the services. Ballogy does not provide this information to any other third party, other than its service providers as necessary for the services.

Links

Ballogy may create links to other web sites. Ballogy will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual's right to privacy. However, many other sites that are not associated or authorized by Ballogy may have links leading to our site. Ballogy cannot control these links and Ballogy is not responsible for any content appearing on these sites.

Children's Privacy

We do not knowingly collect any information from anyone who we know to be under the age of 13 except in compliance with COPPA. If you are under the age of 13, you should use this website and/or the application only with the involvement of a parent or guardian and should not submit any personal information to us without their permission. Your parent or guardian must open the account. If we discover that a person under the age of 13 has provided us with any personal information without parental consent, we will use commercially reasonable efforts to delete such person's personal information from all Ballogy systems. Children under the age of 13 can use the Ballogy site and/or application if their parent or guardian opens the account. Ballogy will not knowingly collect any information on a child under the age of 13 without the parent’s verifiable consent. The services and other activities involve the collection and maintenance of personal data about children under 13. It is operated by: Ballogy, 13875 Bee Cave Pkwy, Austin, TX 78738. Please contact us at info@ballogy.com with any questions about the collection, use and sharing of children’s personal data, as well as a list of sub-processors. The information about children under 13 is disclosed to: Ballogy affiliates, service providers and vendors, other authorized users with whom the child shares and/or communicates, recipients of child communications; government and/ or legal requestors as required by law or in connection with child usage, others as necessary (based on the appropriate consent of the parent/ legal guardian), and other cases as described in the Section titled How We Share Your Information. No child personal data is made available to the public by us. Children can make their personal data available to other authorized users, coaches or recipients as part of the services. The parent of a child under 13 (for certain information, subject to an applicable data protection law) can review or have deleted the personal data held by the services and refuse to permit its further collection or use. A parent may do so by notifying Ballogy through designated contact mechanism and/or notifying us through the contact information below. In the event that Ballogy discovers that information has been collected from a child under the age of 13 in a manner inconsistent with COPPA’s requirements, Ballogy will delete the information or immediately seek verifiable parental consent for the collection of personal information. If you believe your child is participating in an activity that collects personal information and you, as a parent or guardian, have not received an email providing notice or seeking your consent, please feel free to contact us at info@ballogy.com.

COPPA, Parental Rights and Data Collection about Parents

When you agree to the Ballogy terms and condition or provide parental consent, you expressly agree to the collection of personal data and other information as described herein and in accordance with applicable data protection laws.

Parents may have additional rights under federal, state and local laws concerning this data. Please contact us using the contact information below to exercise such rights.

To the extent not covered elsewhere, Ballogy also collects personal data or other information about parents, including without limitation, name, contact information, consent requirements, and other information reasonably necessary in connection with the services.

Your California Privacy Rights

Ballogy does not currently respond to browser “Do Not Track” (DNT) signals or other mechanisms, except if required by applicable law. Third parties may collect personal information about your online activities over time and across sites when you visit the website and/or application. If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information regarding our disclosure of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us by sending an e-mail to info@ballogy.com. Our website and/or application are not intended to appeal to minors. However, if you are a California resident under the age of 18, and a registered user of our website and/or application, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an e-mail with a detailed description of the specific content or information to info@ballogy.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested. Under California law, California residents who have an established business relationship with us may opt-out of our disclosing personal information about them to third parties for their marketing purposes.

Amendments

Ballogy may amend this policy at any time. If Ballogy is going to use personal information collected through the Ballogy site in a manner materially different from that stated at the time of collection, Ballogy will notify users via email and/or by posting a notice on the Ballogy site for thirty (30) days prior to such use. This Privacy Policy may not be otherwise amended except in a writing that specifically refers to this Privacy Policy and is physically signed by both parties.

Successors and Assigns

This Privacy Policy inures to the benefit of successors and assigns of Ballogy.

Opt-Out

The Ballogy site provides users the opportunity to opt-out of receiving communications from Ballogy, except transactional correspondence. To opt-out of receiving our communications, you can (i) send email to info@ballogy.com; or (ii) send postal mail to: Ballogy, 13875 Bee Cave Pkwy, Austin, TX 78738.

Contacts

If you have any questions about this Privacy Policy, the practices of or your dealings with this web site, or to request access, changes or deletion to information we have about you, you can contact info@ballogy.com.