F5 SPORTS, INC.

Privacy Policy

Last Modified: 08/18/20

Introduction

F5 Sports, Inc. (“we,” “us,” or “our”) respects your privacy and is committed to protecting it through our compliance with this Policy. This Policy describes the types of information we may collect from you or that you may provide to us, including when you visit our websites www.pitchlogic.com and www.f5sports.net (collectively, our “Website”) and when you use our pitchLogic™ applications for your mobile device (our “Application”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. We refer to our Website and Application collectively as our “Platform.”

This Policy applies to any information we collect through our Platform, including any information contained in any electronic messages between you and our Platform. This Policy also applies to any information we collect about you when you mail us or e-mail, text or exchange other electronic messages with us (including through social media platforms) or when you interact with messages you receive from us, and any information we collect about you offline but that will be processed by automated means through our Platform or otherwise by us. This Policy does not apply to any other information we collect by any other means.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you can choose not to use our Platform. By accessing or using our Platform or otherwise sharing information with us, you agree to this Policy. This Policy may change from time to time. When we make changes to this Policy, we will post a link to the updated Policy on our Website homepage and on our Application’s download page and “menu” page and will update the Policy’s “last modified” date. You are responsible for periodically visiting our Platform and this Policy to check for any changes. Your continued use of our Platform after we make changes is deemed to be acceptance of those changes.

Information Collected About You and How It Is Collected

Information We Collect

We may collect several types of information from and about users of our Platform, including information by which users may be personally identified or information about a user that is maintained in personally identifiable form (collectively, “Personal Information”). Specifically, we may collect:

Technical Information

As you navigate through and interact with our Platform, we may automatically collect certain traffic data, usage information, and technical information (collectively, “Technical Information”) about your device and your interaction with our Platform, such as your device’s operating system and browser type, file information, time stamped logs regarding access times and duration of visits, and the pages of our Website that you visit. The technologies we use for this automatic data collection may include cookies that are stored on your browser or device, small embedded electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) and other types of embedded code. We collect Technical Information to manage our content and to improve users’ use of our Platform; to count and review the number of visitors to our Website and their usage patterns; to track key performance indicators such as pages accessed, frequency of access and other statistical information related to our Platform; to recognize if a visitor is a return visitor to our Website; to store information about a user’s visits; and to remember a user’s preferences. You can set your browser to refuse all or some browser cookies. If you choose not to accept cookies, you may be unable to access certain parts or pages of our Website, or certain parts or features of our Platform may not function properly. To learn more about cookies and how to disallow or manage them, go to: www.allaboutcookies.org/.

How We Collect Information

We primarily collect information, including Personal Information, directly from you when you create an account with us, input or transmit data to our Application (including by using our pitchLogic™ balls in connection with the Application), complete a transaction on our Website, register to receive promotional or informational materials from us, or correspond with us via postal mail, e-mail, telephone, social media or our Website. We also collect certain information automatically as you use our Platform or interact with the e-mails and other electronic messages we send to you (see section above titled “Technical Information”).

How We Use Your Information

Generally

We use the information we collect about you or that you provide to us, including Personal Information, to:

Aggregated or De-Identified Data

We may convert or combine some Personal Information of users into de-identified or aggregated data that does not disclose any of the Personal Information of any individual user. We may use and disclose to third parties any such de-identified or aggregated data (including traffic and usage data that does not identify you personally) for any lawful purpose.

Use of Personal Information for Marketing Purposes

We may use your Personal Information to provide you with promotional and informational content about our Platform, products and services, but only to the extent you have registered on our Website to receive such information. If you no longer wish to have your Personal Information used by us to contact you with promotional or informational content, you may opt out by clicking on the “Unsubscribe” or similar link in the most recent e-mail you received from us and by following the prompts that appear. This opt-out does not apply to information we send you in connection with a product update or a transaction between you and us (for example, an order confirmation).

Tracking and “Do Not Track”

Tracking involves the use of cookies, pixel tags, or other embedded code or tracking technologies to collect, analyze and store information on a user’s behavior over time on multiple sites, including information on the sites visited, products viewed, products purchased and other online interactions. Tracking information can be used to enable companies to make interest-based (behavioral) advertising available to users on multiple sites that they visit.

We do not currently collect Personal Information about your online activities over time and across third-party sites for tracking purposes. In addition, we do not currently allow third parties to collect Personal Information through or using our Platform that could be used by them to analyze and store information about your online activities over time and across third-party sites for tracking purposes. Therefore, our Platform does not respond to any “do not track” signals sent by your computer, browser or mobile device, and if your computer, browser or mobile device sends a “do not track” signal to our Platform, our Platform will not treat you differently from users who do not send such signals.

Google Analytics

We use Google Analytics to track and analyze certain traffic and usage statistics regarding the use of our Platform, such as the number of visitors to our Website, how visitors are navigating to our Website, visitors’ general geographic region information, how long individuals are visiting our Website or using our Application, and information about the equipment individuals are using to access our Platform (e.g., device type, browser version and operating system). Google Analytics may use a Google Analytics cookie and may collect your IP address or mobile device ID as part of this service (but neither we nor Google Analytics otherwise collects or processes any of your Personal Information in connection with our use of Google Analytics). We use this traffic and usage information to gauge, internally, the effectiveness of our advertising efforts and to make improvements to our Platform and our marketing and promotional efforts.

For more information, please review the following:

You can opt out of our use of certain Google Analytics features by updating the “Ads Settings” in your browser (www.adssettings.google.com/authenticated)or mobile device (www.support.google.com/ads/answer/1660762#mob), by visiting the Network Advertising Initiative’s Consumer Opt-Out page at www.optout.networkadvertising.org/, or by visiting Google’s currently available opt-outs over the web at www.tools.google.com/dlpage/gaoptout/.

Disclosure of Your Information

We may disclose Personal Information to our affiliates and to any contractors, service providers or other third parties who need to know such information to provide services that we request to support our permitted uses of your Personal Information. For example, we may disclose certain of your Personal Information in connection with our use of Google Analytics (see the section above titled “Google Analytics”), we may use a third-party cloud-hosting service provider to store certain of your Personal Information securely, we may disclose certain of your Personal Information to a third-party provider of customer relationship management services, and we use a third-party payment processor to process in a secure manner any transactions you make using our Website.

We may also disclose your Personal Information to a buyer or other successor to our business in the event of a sale of equity or assets, reorganization, merger, divestiture or a similar corporate transaction, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, and any due diligence review with respect to any of the foregoing transactions.

We may disclose your Personal Information to comply with a court order or other legal process, including to meet law enforcement requirements or to respond to any government or regulatory request or audit, or to enforce or apply any contracts you have entered into with us (including our Terms of Service and our Licensed Application End User License Agreement), or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of others.

Finally, we may disclose your Personal Information for any other purpose disclosed when the information is provided and for any other purpose with your consent.

Correcting Your Information

You may send us an e-mail at support@f5sports.net to request the right to view any of your Personal Information that we store and use and to correct, amend or delete any such Personal Information that is inaccurate. We will evaluate such requests on a case-by-case basis but cannot guarantee that we will be able to accommodate your request. We may not be able to amend or delete certain portions of your Personal Information except by also deleting your account.

Users Outside of the United States

Our Website is hosted in the United States and our Platform is provided from the United States. It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms. If you are a resident of any country other than the United States, please note that by providing your Personal Information to us, you are consenting to the transfer of your Personal Information to the United States and other jurisdictions and to our use and disclosure of your Personal Information in accordance with this Policy.

California “Shine The Light” Disclosure

The California Civil Code permits California residents with whom we have an established business relationship to request that we provide a list of certain categories of Personal Information that we have disclosed to third parties for their direct marketing purposes during the preceding calendar year. To make such a request, please send an e-mail to support@f5sports.net and mention that you are making a “California Shine the Light” inquiry. Please note, however, that we do not currently disclose Personal Information to third parties for their direct marketing purposes.

Nevada Residents

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request by contacting us at support@f5sports.net. Please note, however, that we do not currently sell any Personal Information to third parties within the meaning of such statute.

Third-Party Websites

Our Platform may include links to blogs, social media and third-party websites. These third-party sites have their own privacy policies and terms of use, and you should carefully review any terms, conditions and policies of such third-party sites before visiting them or supplying them with any Personal Information. If you follow a link on our Platform to any third-party site, any information you provide to that site will be governed by its own terms of use and privacy policy and not this Policy.

We are not responsible for the privacy or security of any information you provide to a third-party website or the information practices used by any third-party site, including links to any third-party site from our Platform. We make no representations, express or implied, concerning the accuracy, privacy, safety, security, or the information practices of any third-party site. The inclusion of a link to a third-party site on our Platform does not constitute any type of endorsement of the linked site by us. We are not responsible for any loss or damage you may sustain resulting from your use of any third-party website or any information you share with a third-party website.

Children Under the Age of 13

Our Platform is not intended for children under 13 years of age, and no one under the age of 13 may provide any information to us or others on or using our Platform. We do not knowingly collect Personal Information from children under the age of 13 without verified parental consent. If you are under 13 years of age, do not use our Platform or provide any information about yourself to us. If we learn we have collected or received Personal Information from a child under 13 years of age without verification of parental consent, we will delete that information.

Data Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored behind firewalls, and certain Personal Information will be encrypted using secure socket layer (SSL) technology.

The safety and security of your information also depends on you. When we have given you (or when you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping that password confidential. Unfortunately, the transmission of information over the internet is not completely secure. Although we have implemented security measures that we think are adequate, we cannot guarantee the security of your Personal Information transmitted to or using our Platform. Any transmission of Personal Information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures related to or contained on our Platform.

Contact Information

“We” are F5 Sports, Inc., a North Carolina corporation. To ask questions or to submit comments about this Policy and/or our privacy practices, you may contact us: