Gears Sports PRIVACY POLICY

Gears Sports (the “Company”) is committed to maintaining robust privacy protections for its users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.

For purposes of this Agreement, the terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our site or our services in any manner. “Site” refers to our website located at https://gearssports.com, “Services” refers to any of our web, desktop, or mobile applications. By accessing our Site or our Services, you accept our Privacy Policy and you consent to our collection, storage, use and disclosure of your information as described in this Privacy Policy. You also agree to any provided terms of use for the Services.

I. INFORMATION WE COLLECT

We collect information from people in a variety of ways including in-person interactions, websites, and applications (desktop, web, and mobile). We collect this information in order to provide you with the expected services and with the best possible personalized experience.

You must give your consent before we collect any data. In the event that you decline to provide the required information for a specific product, feature, or service, that specific product, feature, or service may not work properly and/or be accessible. 

We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks, etc. Personal Information can include your name, email, and birthdate – which you submit to us through the registration process in our applications.

1. Information collected via Technology

You do not need to provide any Personal Information to use the Site, however Non-Personal Information is collected. You can opt out of this, but the Site may not work properly. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. For example, the Company may use cookies to collect the following information:

Your navigation preferences within the Site

Which pages you visit within the Site

When you logged in to a Service

The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. For example, we store a persistent cookie to track your navigation preferences (if applicable).

2. Information you provide us by registering for an account or using the Services

Some information is provided automatically by your browser when you visit the Site. To use our Services you need to provide some Personal Information. Each Service may require slightly different information. By submitting it you are authorizing us to collect, store and use the information provided in accordance with this Privacy Policy.

3. Children’s Privacy

The Site and the Services are not directed to anyone under the age of 13. The Site does not knowingly collect or solicit information from anyone under the age of 13, or allow anyone under the age of 13 to sign up for the Services. In the event that we learn that we have gathered personal information from anyone under the age of 13 without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at [email protected].

II. HOW WE USE AND SHARE INFORMATION

Personal Information:

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with vendors who are performing services for the Company, such as the servers for our email communications who are provided access to the user’s email address for purposes of sending emails from us. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy. In general, the Personal Information you provide to us is used to allow us to provide you with sports performance analysis, as well as to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers. We may share Personal Information with outside parties if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public as required or permitted by law. In cases of onward transfer of your personal data to third parties, Gears Sport remains potentially liable for the transferred data.

Non-Personal Information:

In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Site and the Services. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion. 

In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. 

In all instances, we will seek reasonably appropriate protections for your data and we share it only if the recipient agrees to comply with this privacy statement or has in place sufficiently similar privacy policies regarding the treatment of personal data and only after execution of a data protection agreement and/or a non-disclosure agreement.

If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices.

III. HOW WE PROTECT INFORMATION

We implement security measures designed to protect your information from unauthorized access. If you have an account, it is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and, if on a shared computer, by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks. In the event of a data breach, you will be informed as quickly as is reasonable.

IV. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION

You have the right at any time to prevent us from contacting you for marketing purposes. When we send you a promotional communication, you can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional email. You can also indicate that you do not wish to receive marketing communications from us in the profile section of the Site. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the profile section of the Site, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.

You have the right to request access to and rectification or erasure of personal data or restriction of processing. You also have the right to withdraw any consent that you may have given for the processing of personal data. Send any such requests to [email protected]. 

You have the right to request information from the Company regarding the list of vendors providing services to the Company which have access to your personal data as part of the services they provide. You may make such a request by emailing [email protected].

V. LINKS TO OTHER WEBSITES

As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Services. Therefore, this Privacy Policy does not apply to your use of a third party website accessed by selecting a link on our Site or via our Service. To the extent that you access or use the Services through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

VI. DATA PRIVACY FRAMEWORKS

Gears Sports complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Gears Sports has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.  Gears Sports has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Gears Sports commits to resolve DPF Principles-related complaints about our collection and use of your personal information.  EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact Gears Sports at:

Phone: 1(855) 432-7766

Email: [email protected] 

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Gears Sports commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to The Jams Foundation, an alternative dispute resolution provider based in the United States.  If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint.  The services of The Jams Foundation are provided at no cost to you.

For complaints not fully or partially resolved by other means, you may be able to invoke binding arbitration as detailed at https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf.

The Federal Trade Commission has jurisdiction over Gears Sports’s compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).

VII. CHANGES TO OUR PRIVACY POLICY

The Company reserves the right to change this policy and our Terms of Service at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.

VIII. CONTACT US

If you have any questions regarding this Privacy Policy, please contact us by sending an email to [email protected].

Last Updated: This Privacy Policy was last updated November, 2024.