PRIVACY POLICY

Effective Date: August 1, 2021

Backerstats (“we” or “us”) respect your privacy and are committed to protecting it at all times. This Privacy Policy explains how we collect, use, and safeguard information collected from or through this web site (www.backerstats.com) and related blogs and messaging (collectively, this “Web Site”), our web-based software applications (the “Software Service”), or through email or other electronic messages that we send to you (collectively with the Software Service, our “Services”). This Privacy Policy affects three groups of users: businesses that subscribe to the Services (“Subscribers”), the players of businesses that subscribe to the Services (“Players”), and visitors to the Web Site. All information collected by us in connection with the performance of our Services will be governed by this Privacy Policy. This Privacy Policy will not govern information collected by any third-party, including through any third-party application or content (including advertising) that may link to or be accessible from our Services.

BY USING THE WEB SITE, SERVICES, AND/OR BY REGISTERING WITH US, YOU ACCEPT THE PRACTICES AND POLICIES OUTLINES IN THIS PRIVACY POLICY, AND YOU HEREBY CONSENT THAT WE WILL TRACK, COLLECT, USE AND SHARE YOUR INFORMATION IN THE FOLLOWING WAYS.


1. The Information We Collect

Backerstats asks new Subscribers to provide their name, business name, e-mail address, and business logo (“Subscriber Information”). A Subscriber may be asked to provide payment information such as a credit card or bank account number, which is used for monthly billing purposes only. As part of Backerstat’s service deployment process, your Players’ personally identifiable information, consisting of their name and email (“Player Information”) is uploaded to our secure servers. At the Player’s option, we may also collect and upload the Player’s phone number, address, bank account number or identity document number. Subscriber Information and Player information is personal information, but we also collect the following information: browser and device information, information collected through cookies, Trackers, and other technologies and aggregated information. This process is performed so that Backerstats can provide our Services to Subscribers and Players on behalf of Subscribers. The collection of Subscriber Information and Player Information is done solely to provide our Software Service to you in accordance with the Software Licensing Agreement. We may ask you for additional personal information if you want to access your assigned account(s) or request Services so we can provide you with secure account access or with the requested Services.

We also may periodically obtain both personal and non-personal information about you from affiliated entities, business partners, social media pages and platforms and other independent third-party sources and add it to other information about you. For example, if you visit the Web Site from a site operated by one of our business partners, and you have registered with that partner, then information about you that you have provided to that partner may be shared with us. The information may be shared with other business partners if you choose to use their services as well. We may also collect other Player Information through the Software Service under the direction of our Subscribers.


2. How We Collect Your Data

You directly provide Backerstats with most of the data we collect. We collect data and process data when you:

  • Register online or place an order for any of our services;

  • Voluntarily complete a customer survey or provide feedback on any of our message boards or via email; or

Use or view our website via your browser’s cookies. Backerstats may also receive your data indirectly from the following sources:

  • Provided by Subscriber with respect to Player; or

  • web analytics provided by Hotjar Ltd.; or

  • Data collected from SharkScope API.



3. How We Use Your Email Address for Online Accounts

We recognize that email can be the preferred mode of communication for some of our Web Site users. If you provide us with your email address when registering for a Service or when accessing your account online, we will use it to contact you about Services for which you have registered or about your account.

We may use your email address to send you the following types of email messages:

  • Service notifications related to your accounts(s) (for example, password resets);

  • Service information (for example, server maintenance); or

  • Promotional offers or updates about our goods and/or services.

We do not share your email address with non-affiliated companies for them to market their products or services directly to you.

Trackers may be used in connection with some Services to track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.


4. Sharing of Information

We share certain categories of information we collect from you in the ways described in this Privacy Policy, including as described below. We will engage in this activity with your consent, to manage our contractual relationship with you, or where we have a legitimate interest:

  • If you are a Player of one of our Subscribers and are using Backerstats’ Services to interact with that Subscriber, we will share your personal information with that Subscriber. For more information on the privacy policies of the Subscriber you interact with, please contact the Subscriber directly.

  • To provide you with marketing and promotional materials and opportunities.

  • To allow you to participate in sweepstakes, contests or similar promotions.

  • In order to customize your advertising interactions, we may share personal information with marketing affiliates and other third parties only on an aggregate (i.e., anonymized) basis.

  • We may share your anonymized personal information with third parties to enable them to run statistical research on individual or aggregate trends.

  • We share personal information and traffic data with business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Services and/or by making certain features available to our users. Those business partners shall be bound to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your contact data and other personal information to carry out their specific business obligations to Backerstats.

  • We may transfer information about you to another company in connection with a merger, sale or acquisition by or of Backerstats. In this event, we will use reasonable efforts to notify you before information about you is transferred and becomes subject to a different privacy policy.

If you are a resident of Canada, a European Union (EU) member country or Brazil, or to the extent otherwise required by applicable law, we will obtain your consent prior to sharing your personal information with any affiliated or non-affiliated companies.


5. Tracking Activity On Our Web Site

In order to make your visit to our Web Site as productive as possible, we track Web Site activity information, such as pages viewed, the page from which you arrive at our Web Site, the date and time of your page view(s), your browser type and version, the name of any files you request, length of visit, and other navigational or technical information, through the use of cookies, log files, text strings, browser settings, and/or other tracking technology. However, we want you to know that the tracking technology we use does not identify any personal information about you. Such technology cannot retrieve data from your hard drive, pass on computer viruses, or capture any personal information about you, such as your name, address, phone number, or email address. We only know who you are if you tell us. You will, however, be asked to provide personal information such as your name or email address to us when you register for Software Service.

Cookies: One way we track activity is by using cookies. A “cookie” is an electronic file that holds small strings of text. When you visit our Web Site, we send a cookie to your browser so that we can recognize it when you or another user of your computer return to our Web Site. We want to recognize your browser so we can make the best use of your time when visiting our Web Site.

Browser settings: If you do not want information collected through the use of cookies, you can adjust browser preferences so that you are alerted when a cookie is placed in your browser, or adjust preferences to decline cookies altogether. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. However, cookies enable you to visit our Web Site without reviewing introductory information. In addition to allowing us to recognize you, cookies also enable us to securely provide our users with account information.

For your security, if you are registered for Software Service and/or have an account with us, we cannot give you access to your account information on our Web Site unless your browser is set to accept cookies from us.

Trackers: In certain circumstances we also may use tiny graphic image files imbedded in a web page or email that provide a presence on the web page or email and send back to its home server information from the user’s browser (“Trackers”, and also known as “web beacons,” “pixel tags”” and “clear GIFs”) to collect anonymous, non-personal information about your use of our Services and the sites of selected sponsors and business partners, and your use of emails, special promotions or other information we send to you. The information collected by Trackers allows us to statistically monitor how many people are using the Services and selected sponsors’ and business partners’ sites, or opening our emails.

Third-party Analytics Tools: These tools (such as Google Analytics, Adobe, DoubleClick, and others) may collect information about your use of our Services for statistical purposes. You can learn about Google’s practices by going to google.com/policies/privacy/partners, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at tools.google.com/dlpage/gaoptout. Please visit the other third-party websites to learn more about their privacy practices, including how you may be able to opt out from them.


6. Your Data Protection Rights

Backerstats would like to make sure you are fully aware of all of your data protection rights. All users are entitled to the following:

  • The right to access – you have the right to request from Backerstats copies of your personal information.

  • The right to rectification – you have the right to request that Backerstats correct any information you believe is inaccurate. You also have the right to request that Backerstats complete information you believe in incomplete.

  • The right to erasure – you have the right to request that Backerstats erase your personal information, under certain conditions, for example when your personal information is no longer necessary because you are no longer a Player or Subscriber.

  • The right to restrict processing – you have the right to request that Backerstats restrict processing of your personal information, under certain circumstances.

  • The right to object to processing – you have the right to object to Backerstat’s processing of your personal data, under certain conditions.

  • The right to data portability – you have the right to request that Backerstats transfer the data that we have collected to another organization, or directly to you, under certain circumstances.

  • The right to know who we disclose information to – you have the right to information about public and private entities with which Backerstats has shared your personal information.

  • The right to know the consequences of denying consent – you have the right to information about the possibility of denying consent and the consequences of such denial.

  • The right to revoke consent -you have the right to revoke your consent.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please:

Contact us at: [email protected]

For your protection, we may need to verify your identity before complying with your request, and we may only fulfill requests with respect to the personal information associated with the particular email address you use to send us your request. If you are a Player of a Subscriber, Backerstats may need to forward your request and refer you to your Subscriber to address your request.

Please note that we may need to retain certain information to meet certain legal obligations, for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.


7. Use of Web Site by Minors

Our Services are intended for use by adults and are specifically not directed to individuals under the age of eighteen (18), and we do not knowingly collect personal information from such individuals.


8. Confidentiality and Security

Except as otherwise provided in this Privacy Policy, we will keep your personal information private and will not share it with third parties, unless we believe in good faith that disclosure of your personal information or any other information we collect about you is necessary to: (a) comply with a court order or other legal process; (b) protect the rights, property or safety of Backerstats or another party; (c) enforce our Terms and Conditions or Business Terms and Conditions; or (d) respond to claims that any posting or other content violates the rights of third-parties.


9. Data Retention

We retain your personal information while your account is active or as needed to provide you with Services. Additionally, we may retain personal information even after your account has been closed if retention is reasonably necessary to comply with our legal or regulatory obligations, resolve disputes, prevent fraud and abuse, enforce our Terms and Conditions or Business Terms and Conditions or any other contract entered into between you and us, or if it is not technically feasible to delete your personal information.

Backerstats securely stores your data through Digital Ocean, LLC, where your data is controlled and processed by Backerstats from both the United States and Brazil, and uses Vlutr for backup storage. Backerstats will keep your personal information where we have an ongoing legitimate business need to do so (for example, to provide you with requested Services or to comply with applicable legal, tax or accounting requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your data has been stored in backup archives), then we will securely store your personal information without any further processing until deletion is possible.


10. Change of Disclosure Preferences

If you are a Player of one of our Subscribers and would no longer like to be contacted by one of our Subscribers, or would like request the exercise of a right as set out above in relation to personal information held by a Subscriber, please contact the Subscriber directly.

If you are a user of Backerstat’s Software Service and no longer want to receive marketing-related emails from us, you may opt-out of receiving these marketing-related emails by sending a request for list removal to [email protected] or changing your preferences in the Backerstats Software Service. If you have provided your information to Backerstats, and opt-out, Backerstats will put in place processes to honor your request, which may require retaining some information for the purpose of remembering that you have opted-out.

We will try to comply with your request as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for purposes directly relating to your use of the Backerstats Software Service, and you cannot opt-out from receiving those messages as long as you are a user.


11. Third-party Services

This Privacy Policy does not address, and we are not responsible for, the privacy or security practices of any third parties, including any third-party operating any site or service to which the Services link. The inclusion of a link on the Web Site does not imply endorsement of the linked site or services by us or by our affiliates.


12. Disclosure of Public Information

Any information that you may reveal in a review posting or other online discussion or forum is intentionally open to the public and is not in any way private. You should think carefully before disclosing any personally identifiable information in any public forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.


13. Security

Backerstats uses robust security measures to protect data about Backerstats Subscribers, Players and visitors. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. For example, when you enter information on backerstats.com, we encrypt that information using secure socket layer technology (“SSL”).

Backerstats uses third-party service providers to serve information, collect information, process information and store information. Such service providers are believed to use reasonable organizational, technical, and administrative measures to protect personal information. Unfortunately, no security measure can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us in no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us – see “How to Contract Us” below.


14. International Transfers of Personal Information

Our Services are controlled and operated by us from the United States. Personal information may be stored and processed in any country where we have facilities or in which we engage service providers. By using the Services, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.


15. Changes to Our Privacy Policy

We will occasionally update this Privacy Policy to reflect your feedback, to implement changes required by applicable law, or as we may otherwise deem necessary or appropriate. If there are material changes to this Privacy Policy or in how we use your personal information, we will prominently post such changes to the Web Site prior to implementing the change. We encourage you to periodically review this Privacy Policy to be informed of how we are protecting your information.


16. How to Contact Us

If you have any questions about this Privacy Policy or how Backerstats handles your personal information, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.


Contact us at: [email protected]


17. How to Contact the Appropriate Authority

Backerstats is the controller of your personal information. Should you wish to report a complaint or if you feel that Backerstats has not addressed your concern in a satisfactory manner, you may contact the Data Protection Officer:

Email: [email protected]


Canadian Privacy Notice (Canadian Residents Only):

We will comply with applicable Canadian data protection laws, such as the Personal Information Protection and Electronic Documents Act (PIPEDA), Alberta’s Personal Information Protection Act (PIPA) and other substantially similar Canadian federal and provincial laws regulating the collection, use and disclosure of personal information.  We will not collect, use or disclose your personal information for any other purpose than those outlined above, except with your consent. We will respond to your request to access personal information as promptly as possible.

We may collect personal information from you through:

  • Register online or place an order for any of our Services;

  • Voluntarily complete a customer survey or provide feedback on any of our message boards or via email; or

  • Use or view our website via your browser’s cookies.

Your name, email address or any other personal information you may have shared, or choose to share with us in the future, will never be sold, traded, rented, given away or used for any other purpose than to provide you with the information or services you have requested or as required by applicable law. At all times, it is your choice whether or not you provide us with your personal information, and if you do not notify us of your objection to our use of your information as outlined within this Privacy Policy, we will consider you to have consented to such continued use.

California Privacy Notice (California Residents Only):

Pursuant to the California Consumer Privacy Act (“CCPA”), we are providing the following additional details regarding the categories of personal information about California residents that we may have collected from or about California residents and disclosed for our business purposes to third parties, such as our service providers, business partners and affiliates, within the preceding 12 months. This section provides more detail and also addresses our practices with respect to our prospective, current, and former employees and contractors who are California, residents, as well as to California residents who are designated by such employees and contractors as emergency contacts and/or benefit recipients.

Categories of personal information collected and disclosed for a business purpose:

  • Personal information, as defined in the California safeguards law, such as contact and financial information;

  • Commercial information, such as transaction information and purchase history;

  • Internet or network activity information, such as browsing history and interactions with our Web Site;

  • Geolocation data, such as device location;

  • Audio, electronic, visual and similar information, such as call and video recordings;

  • Professional or employment-related information, such as work history and prior employer;

  • Educational information subject to the federal Family Educational Rights and Privacy Act, such as student records and directory information; and

  • Inferences drawn from any of the personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.

We collect this personal information directly from California residents themselves, as well as from other categories of sources, such as publicly available databases, joint marketing partners, and third-party sources of demographic information.


How we Use Personal Information

We use personal information to provide our services, for our employment purposes, and to otherwise accomplish our legitimate business purposes. These purposes include, for example, developing, improving, and maintaining our services; personalizing, advertising and marketing our products and services; conducting research, analytics, and data analysis; maintaining our facilities and infrastructure; undertaking quality and safety assurance measures; conducting risk and security controls and monitoring; detecting and preventing fraud; performing identity verification, accounting, audit and other internal functions, such as internal investigations; complying with laws, legal processes, and internal policies; maintaining records; and exercising and defending legal claims.


Sale of Personal Information

We have not “sold” personal information for purposes of the CCPA. For purposes of this section of our Privacy Policy, “sold” or “sale” means the disclosure of personal information for monetary or other valuable consideration but does not include, for example, the transfer of personal information as an asset that is part of a merger, bankruptcy, or other disposition of all or any portion of our business.


Your Rights

If you are a California Resident, you may request that we:

  • Disclose to you the following information covering the 12 months preceding your request:

    • The categories of personal information we collected about you and the categories
      of sources from which we collected such personal information;

    • The specific pieces of personal information we collected about you;

    • The business or commercial purpose for collecting personal information; and

    • The categories of personal information about you that we disclosed and the
      categories of third parties to who we disclosed such personal information.

  • Delete personal information we collected from you.

To make a request, please contact us at [email protected]. We will respond to your request consistent with applicable law.

We do not unlawfully discriminate when you exercise your rights under the CCPA.