Effective Date: October 6, 2022
Scholastic Leagues: If you participate in a Scholastic League and use PlayVS in connection with a K-12 school, school district or athletic association (collectively referred to as “Schools”), please refer to Section 7 to learn more about PlayVS protects the privacy of K-12 students.
California residents: Please refer to Section 8 for additional information about our data privacy practices and to understand your rights.
1. PERSONAL INFORMATION WE PROCESS
Account and athlete profile information: We process personal information when you create a registered user account, sign up for our mailing list, purchase or register a product, or otherwise communicate with us. The personal information we process during account registration may depend on your account type but could include name, phone number, date of birth, player name, email address, mailing address and other contact information. We may process this information directly from you or it may be provided by the team Coach or other team members. We also process additional information if you provide it in your athlete profile, which could include the name of your team or school (name, city, state), graduation year, photo or avatar, social media handle(s) and esports position. If a user enrolls in a non-PlayVS league offered by a Partner League, we may request additional pieces of personal information if required by the Partner League. If a user enrolls in a competition or league with additional eligibility requirements (such as a collegiate competition or league), we may request additional pieces of personal information to verify your eligibility for participation, such as by verifying your enrollment status in a college or university.
Communications and payment: We process personal information when you sign up for our mailing list or otherwise communicate with us, including by contacting us in person (for example, at camps, competitions, conferences, workshops, seminars and other events), via telephone, facsimile or email. We also process payment information if you make a purchase or sign up for a subscription.
Data processed through the use of the Service: We process information about how you use the Service, your actions on the Service, and any content you post to the Service (“User Content”), as well as information about a player or team record, for example, gameplay statistics, personal or team awards and highlights featuring the team or athlete.
Information we receive from third parties: We may receive personal information about you from third parties and combine that with the information we process through the Service. For example, we receive information about your activities on third party games you access through the Service. We may also receive information from any third-party services that you link to the Service. For example, if you link your PlayVS account to your account on a social network such as Discord or Twitch, these services will authenticate your identity and may provide some of your personal information to us. The data we receive is dependent on that third party’s policies and your privacy settings on that third-party service. We will process your authentication token and any personal information the service provides to us in order to provide you with the Service.
We process this information to operate, maintain, and provide the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages and push notifications, and permit you to communicate with others on the Service or invite others to join the Service. We may also send you Service-related emails or messages (e.g., account verification, change or updates to features of the Service, technical and security notices). For more information about your communication preferences, see “Your Data Rights and Choices” below.
Usage and Device Information
To provide a personalized and high-quality experience for our users, we may use various technologies that automatically record certain technical information from your browser or device when you visit our Website, read our emails, use our Service or otherwise engage with us. This information is typically processed through a variety of tracking technologies, including cookies, web beacons, file information and similar technology (collectively, “tracking technologies”). These tracking technologies cookies process information about how you use the Service (e.g., the pages you view, the links you click, emails you open, and other actions you take on the Service), information about your browser and online usage patterns (e.g., Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, pages viewed, whether you opened an email , links clicked), and information about the device(s) you use to access the Service (e.g., mobile device identifier, mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, and whether you access the Service from multiple devices). We may be able to determine your approximate location by analyzing other information, like an IP address. We may also process analytics data, or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the Service. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners, and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout. Although we do our best to honor the privacy preferences of our visitors, we are not able to respond to Do Not Track signals from your browser at this time.
We use or may use the data processed through tracking technologies to secure the Service, improve the Service, to save you time, to provide better technical support, and to track website usage. For example, tracking technologies help us to: (a) remember information so that a user will not have to re-enter it during subsequent visits; (b) provide custom, personalized content and information; (c) to identify you across multiple devices; (d) to provide and monitor the effectiveness of our Service; (e) monitor aggregate metrics such as total number of visitors, traffic, and usage on our Website and our Service; (f) diagnose or fix technology problems; (g) help users efficiently access information after signing in, and (h) otherwise to plan for and enhance our Service.
If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Service, as some features and services on our Service may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
Lawful Basis for Processing
When you enter into an agreement with us, either by registering for and accessing the Services, by executing an agreement in hard copy, or by clicking “I Accept” or similar language online, we will process your personal information for the purposes of fulfilling the terms of our contract with you. In that case, our processing of your personal information is based on the contract, so your withdrawal of consent will only be effective after the purposes for processing that personal information have been fulfilled and after we no longer have a legal obligation to process that personal information.
In all cases, we will comply with applicable law and we will cease processing your personal information after the legal right, obligation, or other lawful basis expires.
2. SHARING OF YOUR INFORMATION
PlayVS takes great care to protect the information you provide us. PlayVS will disclose your personal information when you post content that is visible to others on the Service, when you consent or instruct us to share your information with third parties, or when we have a legitimate business or legal need to share your information. We may also disclose de-identified, anonymous, or aggregate information that does not reasonably identify you as an individual. For example, your information may be shared with:
The public (Competition Data is visible to others on the Service by default). Like any sports league, some information about athletes and competition results is posted on the Service and will be visible to other users, Website visitors and the public by default when you use the Service (“Competition Data”). Competition Data includes certain personal information from the athlete profile, including athlete player name, full name, photo or avatar, esports position and certain optional athlete profile fields, as well as athlete player statistics and gameplay highlights. Email addresses, payment details, and birth date are not Competition Data and are not available to the general public.
Other authorized users or organizations associated with the athlete’s use of the Service. If you use the Service through an organization enrolled in an enterprise contract or license, authorized administrative users may have access to your entire athlete profile, including if available, email address, phone number and other personal information that is not considered public Competition Data.
Third Party Partners and Sponsors. From time to time, and in a manner consistent with your preferences or as permitted by law, we may provide your information, including name and email address, to our corporate partners and official sponsors. Our sponsors may use this information to offer you deals, discounts and other promotional content and to communicate with you. You may opt out of any such communications at any time.
- Special programs you participate in. If you participate in special programs where PlayVS partners with third parties, PlayVS may share data processed from or about you with its third-party partners to facilitate the program or services being offered. For example, we may share your contact information with third parties with whom we partner to provide contests/sweepstakes, which will usually be identified by name in the Official Rules.
- Others with your consent. In some instances, you may be able to grant us permission to share your information with third-party partners, recruiters, not-for-profit organizations, and other entities that are not affiliated with PlayVS. In these cases, we will only provide to these third parties the information you have authorized or asked us to share to these third parties. You may also choose to share content with others by email, or by posting PlayVS content to social media sites such as Facebook, Twitter, Discord or Twitch. These third parties may use your information as described in their own privacy policies. To control the information that you share, you can adjust your social network settings or disconnect your social network account from your PlayVS account.
Third parties to verify eligibility. We may utilize third-party verification services, including enrollment and employment verification services provided by Sheer ID, to confirm eligibility for certain account types (e.g., Coaches) or for participation in a competition or league with additional eligibility criteria. For example, if you wish to participate in a college league, we will share your personal information, including name, date of birth, email address and school name, with Sheer ID to verify your current enrollment status in a college or university. We may ask for additional pieces of personal information as needed to complete the enrollment verification process.
We may also share information for the following business purposes:
- Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include providing mailing services, providing payment or accounting services, web hosting, or providing analytic services.
- Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings.
We may also share information with others in an aggregated, de-identified, or otherwise anonymized form that does not reasonably identify you directly as an individual. For example, we may use and share de-identified, aggregate, or anonymized data to study and improve our Service, user functionality and product offerings.
3. THIRD PARTY TRACKING AND ONLINE ADVERTISING
Please note that we will our best efforts and take multiple steps to avoid the use of K-12 Student Data (defined in Section 7) for targeted advertising purposes, for example, by inhibiting these third-party advertising networks from processing information for targeted advertising purposes when a K-12 Student athlete logs into the Scholastic League service. Additionally, we do not knowingly direct targeted advertising to individuals we know to be K-12 Students on our Service or on any other website or online service.
To learn about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android). You may also be able to opt-out of some – but not all – interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.
Please note that opting-out of receiving interest-based advertising through the NAI’s and DAA’s online resources will only opt-out a user from receiving interest-based ads on that specific browser or device, but the user may still receive interest-based ads on his or her other devices. You must perform the opt-out on each browser or device you use.
4. YOUR DATA RIGHTS AND CHOICES
Account information and settings: You may update your account information by editing your profile or signing into the account settings.
Control email communications: You can opt-out of receiving promotional emails from us by clicking the “unsubscribe” feature at the bottom of each email. Unfortunately, you cannot unsubscribe from Service-related messaging.
Modifying or deleting your information: If you have any questions about reviewing, modifying, or deleting your information, or if you want to remove your name or comments from our Website or publicly displayed content, you can contact us directly at firstname.lastname@example.org. We may not be able to modify or delete your information in all circumstances. For instance, we may not be able to delete Competition Data but we may be able to anonymize certain Competition Data upon request.
If you have any questions or requests about your account information, contact us directly at email@example.com.
5. HOW WE STORE AND PROTECT OUR INFORMATION
Storage and processing: Your information processed through our Service may be processed in the United States or any other country in which PlayVS or its affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data processing that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
Keeping information safe: We care about the security of your information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information processed by our Service. Access to information is limited to those employees who require it to perform their job functions. We use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard the account registration process and sign-up information. Other security safeguards include but are not limited to data encryption, firewalls, and physical access controls to building and files. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
6. LINKS TO OTHER WEB SITES AND SERVICES
The Service may contain links to and from third-party websites of our business partners (such as gaming providers), advertisers, social media sites and other services. If you follow a link to any of these websites, please note that these websites have their own privacy policies and we do not accept any responsibility or liability for their policies or content. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they process information.
7. SCHOLASTIC LEAGUES: HOW DOES PLAYVS PROTECT STUDENT DATA AND COMPLY WITH LAWS?
PlayVS is the official high school esports league, used by K-12 schools, school districts and athletic associations (collectively referred to as “Schools”) to offer competitive esports activities to K-12 student athletes (“Students”) through the PlayVS Scholastic League.
We take our commitment to Student privacy very seriously. This Section describes how we process the personal information processed from a K-12 Student when that Student participates in Scholastic League competition as a member of an official Scholastic League School team (“Student Data”). In order to be considered a verified Student athlete, the player must have a school email address on file and be verified as a member of the team by the School admin user with authority over the School team (“Coach”). This Section does not apply to college or university users nor to K-12-aged users associated with unofficial school teams, club teams or unverified teams. Similarly, information associated with a student’s personal account and use of the Service outside of the Scholastic League (including, for example, for club play) will not be considered “Student Data.”
Student Data privacy principles. We are committed to the following principles to protect Student Data:
- We do not process Student Data for targeted advertising purposes. While we do permit third-party advertising partners to operate on our Service for the purpose of retargeting, analytics and attribution services, we take steps to disable third party ad networks from processing information for targeted advertising purposes within the Scholastic League portions of the Service.
- We do not build a personal profile of a Student other than in furtherance of the School’s use of the Service (for example, athlete profiles and player history are created and displayed as part of the esports competition statistics and history), or as authorized by a Student or parent, for example, if a student transfers information to a personal account.
- We maintain a comprehensive data security program designed to protect the types of Student Data maintained by the Service.
- We will clearly and transparently disclose our data policies and practices to our users.
- Information about Schools: We ask for certain information when a School representative registers a School with PlayVS, or if the representative corresponds with us online, including a name, school name, school district, school email address, role at school, phone number, and relevant IT and equipment information required for students to participate on campus. School representatives and coaches may also provide information about students, such as a team roster. We may also process information provided by a School if the School sends us a message, posts content to our Website or through our Service, or responds to emails or surveys. Once a School begins using the PlayVS Service, we will process content and information provided by the School through the School’s use of the Service and we will keep records of activities related to the Service.
- Information about Students: We process information about Student athletes from the School or from the Student directly, including name, grade or date of birth, school email address, school (name, city, state), and may process additional information associated with the Student’s athlete profile, including the athlete player name, parent/guardian information (name, relation, email and phone), graduation year, photo or avatar, and esports position. We may receive this information directly from the Student or it may be provided by the School or Coach to register for the team.
How we process and disclose Student Data:
Many Schools consider the type of personal information contained in Competition Data to be to be “Directory Data” under FERPA. We rely on Schools or Associations to confirm that Competition Data related to a School and Student athlete may be displayed publicly through the Service in accordance with the School’s definition of Directory Data and/or that the School otherwise has a parent’s or guardian’s consent to display such information publicly. If you do not wish to have a K-12 Student's personal information displayed in Competition Data, please contact PlayVS to determine whether another option may be available.
We also disclose Student Data in the following circumstances:
- Other authorized users or organizations associated with the K-12 Student athlete’s use of the Service. We disclose personal information between and among other users of the Service associated with the School or team, such as Coaches, team administrators and School representatives, and the school, school district or state association associated with the School or team’s use of the Service. These users will be able to view a K-12 Student’s entire athlete profile, including email and, if available, home address, phone number and parent/guardian information.
- Third Party Partners and Sponsors. From time to time, and in a manner consistent with your preferences or as permitted by law, we may provide our corporate partners and official sponsors information about coaches and adult users, such as a School name, coach name and coach email address. Our sponsors may use this information to offer deals, discounts and other promotional content to Schools and coaches and to otherwise communicate with Schools or coaches.
How we retain and delete Student Data: We do not knowingly retain Student Data beyond the time period required to support the School’s purpose, unless authorized by a School, Student or parent, though we retain Competition Data and gameplay statistics, competition highlights and history indefinitely as part of the official record of the esports competition.
The School is responsible for maintaining current Student athlete rosters and informing PlayVS to delete or de-identify accounts which the School no longer needs to retain. Unless otherwise directed by a School, Student or parent, we will delete or de-identify personal information contained in K-12 Student accounts in accordance with the terms of any applicable written agreement with the School, written requests from authorized School administrators, and our standard data retention schedule.
Schools and/or K-12 Students (or their parents) can request account deletion at any time by contacting PlayVS at firstname.lastname@example.org. We may not be able to immediately or completely delete all data in all instances, such as information retained in technical support records, customer service records, backups, and other similar business records.
We will not be required to delete any information which has been de-identified or disassociated with personal identifiers such that the remaining information cannot reasonably be used to identify a particular individual, nor will we be required to delete information that has been transferred to a personal account except at the direction of the athlete or parent. Please note that we may not be able to delete Competition Data but we may be able to anonymize certain Competition Data upon request.
The PlayVS Service is designed to provide protections for Student Data as required by applicable privacy laws. For example:
- Connecticut Conn. Gen. Stat. Ann. § 10-234aa-dd. PlayVS’s Connecticut Addendum to the Terms of Service, available upon request, is designed to comply with the requirements of the Connecticut Act Concerning Student Data Privacy, Conn. Gen. Stat. Ann. § 10-234aa-dd. Please contact us at email@example.com to learn more about incorporating the Connecticut Addendum into your agreement with PlayVS.
If you have any questions about our practices with regard to Student Data, please contact us at firstname.lastname@example.org.
8. CALIFORNIA RESIDENTS
This section applies to you if you are a resident of the state of California. California law requires us to disclose certain information regarding the categories of personal information we process. For purposes of this section, “personal information” has the meaning provided by the California Consumer Privacy Act (the “CCPA”) and does not include information that is publicly available, that is deidentified or aggregated such that it is not capable of being associated with us, or that is excluded from the CCPA’s scope. This section does not describe or apply to information relating to our employees, contractors, and other personnel. This section also does not describe or apply to K-12 Student Data that we process under contractual agreements with the NFHS Network and its affiliate entities, the School’s State Association, or a school, school district or athletic associations (collectively referred to as “Schools” under this Section) in connection with the Scholastic League services. In those circumstances, we act as a “service provider,” and we process Student Data only for the purposes specified in our agreements with those customers. Please refer to Section 7 to learn more about how we process and protect Student Data. If you have a question or would like to exercise your California consumer rights, please contact your School directly.
California recently passed the California Privacy Rights Act (“CPRA”) portions of which took effect on January 1, 2022. The CPRA supplements and enhances the CCPA and we comply with both the CCPA and CPRA as both laws apply to us.
- Identifiers, such as your name, address, phone number, email address, or other similar identifiers and information associated with your profile;
- California customer records, such as payment information processed through our payment vendor;
- Commercial information, such as records of services purchased, used, obtained or considered;
- Internet/Network information, such as IP address, unique device information, logs and analytics data;
- Geolocation data, such as approximate location data generated based on your IP address or other information;
- Profession / Employment Information, such as your employment history and other information submitted in connection with job applications online, or employment information of coaches and other School representatives in connection with the Scholastic League service;
- Inferences about your interests and preferences, generated from your use of our Service.
We process this information directly from you or from third parties such as Schools that provide information about you, from your browser or device when you visit our websites, and from third parties that you access through the Service or third parties that you permit to share information with us.
Disclosure of Personal Information. We share and disclose personal information with third parties as described in Section 2 “Sharing of Your Information.”
In the previous 12 months, we have disclosed all of the categories of personal information we process to third parties for a business purpose. The categories of third parties to whom we may disclose your personal information for a business purpose include: (i) other authorized users or organizations associated with a team’s use of the Services, if applicable; (ii) third parties with whom you engage through the Service, such as game providers; (iii) analytics providers; and (iv) our service providers, contractors and advisors. We may also make some information, such as Competition Data, available to the public through the Service.
In the previous 12 months, we have sold the following information to third parties in a manner consistent with your preferences or as permitted by law: Personal Identifiers to our corporate partners and sponsors for various purposes, including to offer deals, discounts, and other promotional content. We do not sell the personal information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization to do so. As previously mentioned, we take our commitment to student privacy very seriously. And though we may sell the Personal Identifiers of a Coach or adult user of our Scholastic League Services in accordance with their preferences and settings, we do not sell K-12 Student Data, regardless of the age of the Student. Please see Section 7 “Scholastic Leagues” to understand the principles that guide our processing of K-12 Student Data.
Additionally, as is common practice among companies that operate online, we may permit third-party advertising networks, social media companies and other third-party businesses to process personal information (including Internet/Network information, commercial information, and inferences) directly from your browser or device through cookies or tracking technologies when you visit or interact with our Services online. These third parties use this information for the purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for fraud detection and reporting and may sell that information to other businesses for advertising and other purposes. By visiting here www.privacyrights.info or www.optout.privacyrights.info, you can opt out from sales of this type of personal information by businesses that participate in the opt out tool. To make opt-out requests related to mobile apps on your device for businesses participating in the DAA’s CCPA App-based Opt-Out Tool, you can download the appropriate app at www.youradchoices.com/appchoices. To learn more about how third parties process information automatically on our Service and the choices you may have in relation to those activities, please see Section 3 “Third Party Tracking and Online Advertising.”
Your Rights and Choices. As a California resident, you may be able to request to exercise the following rights:
- The right to access, correct, update, or request deletion of your Data..
- The right to object to processing or restrict the processing of your Data (Please note that if you exercise this right, it may limit or eliminate our ability to provide you the Services).
- The right to request portability of your Data.
- The right to not be subject to a decision based solely on automated processing, including profiling, known as Automatic Decision Making.
- The right to submit a complaint to any applicable regulatory authority about our processing activities.
- The right to opt-out of us sharing (as defined in the CPRA) your Data, including for direct marketing purposes, subject to certain legal exceptions.
- The right to limit use, disclosure, and restrict sensitive personal information (as defined in the CPRA).
You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.
California Consumer Rights Requests. You may submit a request to exercise your California Consumer Rights through one of the mechanisms described below. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account, if you have one. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.
- To submit a request to exercise your California consumer rights, please click here or email CAemail@example.com and at our toll-free number: [ENTER NUMBER HERE].
- You may exercise your Right to Opt Out of Personal Information Sales by emailing us at CAfirstname.lastname@example.org.
California’s “Shine the Light” Law. California's "Shine the Light" law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with us with regard to the disclosure of certain types of personal information to third parties for their direct marketing purposes. You can opt-out of having your personal information disclosed to third parties for their direct marketing purposes by emailing us at CAemail@example.com with subject line “California’s Shine the Light,” and providing your contact information.
Privacy Rights of Minors. If you are under the age of 18 and you want to remove your name or comments from our website or publicly displayed content, please contact us directly at CAfirstname.lastname@example.org. We may not be able to modify or delete your information in all circumstances.
9. CANADIAN RESIDENTS
Your personal information is processed to establish your identity, determine eligibility for participation in Services, support your account with PlayVS and your ability to utilize the Service that PlayVS provides.
We rely principally upon your consent, or that of your parent or legal guardian, for the processing of your personal information. We require that Schools providing your information have done so on the consent of yourself or parent or legal guardian, as may be applicable. We do not solicit or process any information relating to health, health claims, nor do we process personal health information.
We rely on Schools to comply with applicable provincial and municipal privacy legislation to ensure that any Student Data provided to us is done so in compliance with the rules that govern Schools. In particular, Schools and school representatives must ensure that the consent of Students, and where appropriate, the consent of Student’s parents or guardians are obtained prior to submitting any personal information relating to Students. In registering a School or providing other student personal information, PlayVS relies upon the School having the authority and permission to do so.
We process information about parents and/or legal guardians from the School or from the student directly, including name, email address, and relationship, and their consent to permit the Student to participate in and share information through the Service. We process this solely to support the relationship formed with the Student in using the Service.
You have the right to access personal information we hold about you. Much of your information is available to you through your PlayVS account, by accessing your account online. If you require other information, refer to the “How to contact us” section below. We will need to verify your identity before searching for or providing you with access to your information. There may be limits as set out above on your right to access your information.
If you are not satisfied with the decision of PlayVS in relation to your complaint or questions, you can ask how your matter can be further escalated. If these steps fail to resolve your concern, you may also contact the Office of the Privacy Commissioner of Canada:
30 Victoria Street
Call toll-free at 1-800-282-1376
10. HOW TO CONTACT US