Effective Date: April 2, 2020
1. INFORMATION WE COLLECT
A. Information about You that You Provide.
Browns Fit, and/or our Service Providers (defined below), may collect information you provide directly to Browns Fit and/or our Service Providers via the Service. For example, Browns Fit collect information when you use the Service, purchase a membership, sign up for our mailing list or guest pass, participate in promotional activities, or communicate or transact in any through the Service. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties.
EEOC / Affirmative Action Reporting. In conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission ("EEOC"), the Office of Federal Contract Compliance Programs ("OFCCP") and similar state and local regulatory agencies, we may ask you to provide us with self-identifying information (such as veteran status, gender and ethnicity). Providing such self-identifying information is voluntary, but if you do provide us with such information, we may submit that information to the EEOC, the OFCCP and similar state and local regulatory agencies or otherwise use or disclose it for business-related purposes, including, without limitation, responding to information requests, fulfilling regulatory reporting requirements and defending against employment related complaints.
B. Information Collected Automatically.
Browns Fit, our Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service ("Usage Information"). Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service, your device location and data regarding network connected hardware (e.g., computer or mobile device). Except to the extent required by applicable law, or to the extent Usage Information is combined by or on behalf of Browns Fit, Browns Fit does not consider Usage Information (including, without limitation, unique device identifiers) to be Personal Information.
The methods that may be used on the Service to collect Usage Information include:
Some information about your use of the Service and certain third-party services may be collected using Tracking Technologies across time and services and may be used by Browns Fit and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain third-party services. See Section 11 regarding certain choices regarding these activities.We are giving you notice of the Tracking Technologies and your choices regarding them as explained so that your consent to encountering and being subject to them is meaningfully informed.
C. Information Browns Fit Collects from Other Sources.
2. HOW WE USE THE INFORMATION WE OBTAIN
3. INFORMATION WE SHARE WITH THIRD PARTIES
Subject to applicable law, Browns Fit may share non-Personal Information and Personal Information with the Cleveland Browns and members of the National Football League family of companies, including, without limitation, the National Football League, NFL Properties LLC, NFL International LLC, NFL Enterprises LLC, NFL Ventures, L.P., NFL Ventures, Inc., and the other members of the NFL Family (including NFL teams and their affiliates) (collectively "NFL Parties"), and/or our subsidiaries and affiliates, including, for the avoidance of doubt, entities with direct or indirect common ownership to the Browns, such as Columbus Crew SC entities, ("Affiliates") and unrelated third parties for any purpose. Without limiting the generality of the foregoing, we and third parties may convert your Personal Information to non-Personal Information by hashing it, substituting a unique identifier for the Personal Information, or other methods, and we and third parties may use and share that de-identified data as permitted by applicable law, including to match data attributes to and from other sources. Any such third-party activities are subject to their privacy policies and practices.
In addition, Browns Fit may share your Personal Information and your non-Personal Information in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Browns Fit’s assets, or a transfer of all or a portion of Browns Fit’s business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding ("Corporate Transactions").
5. THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS
"Third-Party Service(s)" are websites, locations, platforms, applications or services operated by third parties and which are connected to the Services either via hyperlinks or inclusion on or other connection to the Services. Some of these Third-Party Services may be our licensees and use our branding but are still independent third parties operating a service with their own terms and policies. You may be linked to some Third-Party Services via a window that displays the Third-Party Service while you otherwise remain on our Service. In such case, when you interact with the Third-Party Service within the window, you are no longer on our Service and are subject to the Third-Party Service's policies and practices, even though the surrounding frame may look like you are still on our Service. These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you, and we are not responsible for your interactions with Third-Party Services even when you access them through a window open in connection with our Service.
We may engage and work with Service Providers and other third parties to serve advertisements on the Service and/or on Third-Party Services. Some of these ads may be tailored to your interests and may be based on your browsing of the Service and elsewhere on the Internet, sometimes referred to as "interest-based advertising" and "online behavioral advertising" ("Interest-based Advertising"). Such Interest-based Advertising may include sending you an ad on a third-party service after you have left the Service (i.e., "retargeting").
6. DATA SECURITY AND MONITORING
Browns Fit takes reasonable measures to protect information from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmissions via the Internet and online digital storage are not completely secure and we do not guarantee the security of your information collected through the Service.
7. INTERNATIONAL TRANSFER
8. CHILDREN'S PRIVACY
The Service is intended for a general audience and not directed to children less than thirteen (13) years of age.
Browns Fit not intend to collect personal information as defined by the U.S. Children's Online Privacy Protection Act ("COPPA") ("Children's Personal Information") in a manner that is not permitted by COPPA. If we obtain knowledge that we have collected Children's Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA.
Any California residents under the age of eighteen (18) who have registered to use the Service, and who posted content or other information on the Service, can request removal by contacting Browns Fit at email@example.com. Such requests should detail where the content or information is posted and attest that you posted it. Browns Fit will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and other means or methods that Browns Fit does not control.
9. ACCESSING AND CHANGING INFORMATION
Browns Fit may provide web pages or other mechanisms allowing you to delete, correct, or update some of the information about you (e.g., profile and account information). Browns Fit will make good faith efforts to make requested changes in Browns Fit’s then-active databases as soon as practicable, but it is not always possible to completely change, remove, or delete all of your information or public postings from Browns Fit’s databases (California minors see Section 8), and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained, except to the extent prohibited by applicable law.
10. CHOICES: TRACKING AND COMMUNICATIONS OPTIONS
A. Tracking Technologies Generally
By selecting certain settings and using tools available as part of most commercial browsers, regular cookies may generally be disabled or removed and, in some instances, blocked in the future. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe's website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that your ability to limit browser-based Tracking Technologies when you revisit the Service is subject to your browser settings and limitations.
Some app-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer. Apple and Google mobile device settings include settings to limit ad tracking and other tracking, but these may not be completely effective. Your browser settings may allow you to automatically transmit a "Do Not Track" signal to online services you visit. Note, however, there is no consensus among industry participants as to what "Do Not Track" means in this context. Like many online services, we currently do not alter our practices when we receive a "Do Not Track" signal from a visitor's browser. For specific information on some of the choice options offered by third-party analytics and advertising providers, see the next section.
B. Analytics and Advertising Tracking Technologies
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us or third parties may participate in the Digital Advertising Alliance's ("DAA") Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA's opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Browns Fit supports the ad industry's 2009 Self-regulatory Principles for Online Behavioral Advertising (http://www.iab.net/media/file/ven-principles-07-01-09.pdf)*) and expects that ad networks Browns Fit directly engage to serve you Interest-based Advertising will do so as well, though Browns Fit cannot guarantee their compliance. Browns Fit is not responsible for effectiveness of, or compliance with, any third-parties' opt-out options or programs or the accuracy of their statements regarding their programs.
In addition, we may serve ads on third-party services that are targeted to reach people on those services that are also identified on one of more of our databases ("Matched List Ads"). This is done by using Tracking Technologies or by matching common factors between our databases and the databases of the third-party services. For instance, we may use such ad services offered by Facebook or Twitter and other Third-Party Services. We are not responsible for these Third-Party Services, including, without limitation, their security of data. If we use Facebook to serve Matched List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad or go to your account settings to find out what options Facebook offers you to control such ads. If we use Twitter Matched List Ads, you should be able to review your ad options in account settings on Twitter. We are not responsible for such third parties' failure to comply with your or our opt-out instructions, as they may not give us notice of opt-outs to our ads that you give to them and they may change their options without notice to us or you.
C. Mobile App
With respect to Browns Fit’s mobile app ("app"), you can stop all collection of data generated by use of the app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain features (e.g., location-based services, push notifications, accessing calendar/contacts/photos, etc.), by adjusting the permissions in your mobile device and/or the app's settings. Beware that if GPS precise location services are disabled, other means of establishing or estimating location (e.g., your connection to wi-fi or your proximity to wi-fi, Bluetooth, beacons, or our networks) may persist. However, see the prior section regarding the DAA's mobile Interest-based Advertising choices. Opting out of mobile Interest-based Ads through the DAA includes an opt-out to location-based ads, and we expect that the Third-Party Service Providers we use will send location-based ads to look for and honor such DAA opt-outs, as well as Apple and Android app ad blocking settings. Opting-out of mobile Interest-based Ads does not mean you have opted-out of receiving push notifications from us on our app.
D. Communications and Marketing
You can opt out of receiving certain promotional communications (emails or text messaging) from Browns Fit at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or, if applicable, by changing your communication preferences by logging onto your account; (ii) for text messages, following the instructions provided in text messages from Browns Fit or replying via text with the word, "STOP"; and (iii) for app push notifications, turning off push notifications on the settings of your device and/or the app, as applicable. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, Browns Fit may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Browns Fit’s ongoing business relations. Contact us at firstname.lastname@example.org to prospectively opt-out of our sharing of your information with entities other than Affiliates and other than in connection with Corporate Transactions.
11. YOUR CALIFORNIA PRIVACY RIGHTS
Browns Fit provide California residents with the option to opt-in or opt-out to sharing of "personal information" as defined by California's "Shine the Light" law with third parties (other than Affiliates and NFL Parties) for such third parties' own direct marketing purposes. By contacting Browns Fit at email@example.com or by sending a letter to Browns Fit, 1111 W 10th St, 2nd Floor, Cleveland, OH 44113, California residents may (a) exercise that opt-out, (b) withdraw a prior consent, (c) request information about Browns Fit’s compliance with the Shine the Light law and/or (d) obtain disclosure of (i) third parties with whom Browns Fit have shared information in accordance with the law for such third parties' direct marketing purposes absent your choice and (ii) the categories of information shared. Requests must include "California Shine the Light Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that Browns Fit is only required to respond to one request per customer each year and are not required to respond to requests made by means other than through the provided e-mail address or mail address.
California minors should see "Children's Privacy" at Section 8 regarding removal of certain content they have posted.
13. CONTACT BROWNS FIT