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PRIVACY POLICY

Last updated and effective date: 9/26/2019

Summary of most recent update: We added language to detail our handling and your rights related to the Personal Data we collect and receive from third parties and MSA4Sports. This includes your mental skills analysis scoring. If you have questions related to our Privacy Policy, please contact us at: MSA4S/AS&K by email [customerservice@msa4sports.com] or by postal mail to MSA4S/AS&K, 116 East King Street, Malvern, PA 19355-2516.

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YOUR PRIVACY MATTERS

Our mission is to deliver individual and team mental skills analysis for athletes, coaches and school administrators to improve and succeed in athletics and life. Essential to this mission is our commitment to be transparent regarding the data we collect about you, how it is used and with whom it is shared. This Privacy Policy applies when you use our Services detailed below. We offer you choices about the data we collect, use and share as described in this Privacy
Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL THE TERMS OF THIS PRIVACY POLICY AND OUR TERMS OF SERVICE. IF YOU DO NOT AGREE TO SUCH TERMS, PLEASE EXIT THIS PAGE AND DO NOT ACCESS OR USE OUR SERVICES.

WHO ARE WE

We are MSA4Sports; headquartered at 116 East King Street, Malvern, PA 19355-2516. In this Privacy Policy we may refer to our company as any of the following: “MSA4Sports”, “us”, “we”, or “our”.
Applied Skills & Knowledge, Inc., (“AS&K”), a different legal entity, owns the Mental Skills Assessment (“MSA”) (found here: MSA4Sports.com). MSA4Sports, is a legal entity of Turning Point Group, LLC, (“TPG”) which owns MSA4Sports.com. A formal agreement is in place between TPG and AS&K to market, and distribute the MSA, and the terms and conditions below apply to the MSA4Sports.com, appliedskills.com, and turningptgroup.com websites. Those can be found here: TERMS OF USE. Before using the MSA4SPORTS, please review the Terms and Privacy Policy

OUR SERVICES

The purpose of this Privacy Policy is to disclose to you what information we may collect when using the Sites and in our providing of our Services ( we will refer to your use of the Sites and our Services collectively as the “Services”), how we may collect it, with whom we may share it,
and certain other matters related to such information, including the choices you have regarding our collection of information and our use and disclosure to other parties of information we may have collected from you.

WHO ARE YOU

You are, quite simply, you. Additionally, you may be the person registering for another interested in participating in our Services. Or, you may be the parent, legal guardian or representative (e.g. coach, teacher) of an individual interested in the Service. In this Privacy Policy we may refer to you as “you” or “your”. We may also refer to you, your dependent, or the individual you represent as the “Registrant”, “Consumer”, “Participant” or “User”.

APPLICATION OF PRIVACY POLICY

This Privacy Policy is important to us and should be equally important to you. Please read it thoroughly as it details how we handle information that can be associated with or which relates to a person and/or could be used to identify a person.

CHANGES TO THE PRIVACY POLICY

We are continually improving our website(s) and other digital properties by adding new features and products. Because of these enhancements and changes in the law, we may modify this Privacy Policy. If we make material changes to it, we will provide notice through our Services, or by other means such as email, to provide you the opportunity to review the changes before they become effective. Modifications to this Privacy Policy will be posted at the top of this page designated by the “Last Updated” and “Effective Date of Last Update”. If you object to any changes, you may cease using the Services and/or close your account by
emailing customerservice@MSA4Sports.com.
You acknowledge that your continued use of our Services after we publish or send a notice about our changes to this Privacy Policy means that the collection, use and sharing of your Personal Data is subject to the updated Privacy Policy

PERSONAL DATA WE COLLECT

We collect two types of information about you: Personally Identifiable Information (“Personal Data”) is information that identifies a specific person. In the course of using our Services, we may ask you or require you to provide us with personally identifiable information, which is information that can be used to identify you as an individual or allow someone to contact you in providing our Services, such as:
your name, mailing address, email address, phone number, or fax number
unique identifiers, such as your user ID, or user password
credit card and other payment information
demographic information
IP Addresses and Click-Stream Data
As is the case with many websites, our servers automatically collect your IP address when you visit our Site, and we may associate that with your domain name or that of your Internet access provider. We may also capture certain “clickstream data” pertaining to your Site usage. Clickstream data includes, for example, information about your computer or device, web browser and operating system and their settings, the referring page that linked you to the Site, the pages, content or ads you see or click on during your visit and when and for how long you do so, items you download, the next website you visit when you leave the Site, and any search terms you have entered on the Site or a referral site.
We also collect Non-Personally Identifiable Information (“Non-Personal Data”) is information that does not identify a specific person. This type of information may include things like the Uniform Resource Locator (“URL”) of the website you visited before coming to the Company Service or otherwise participating in the Company Service, the URL of the website you visit after leaving the Company Service, the type of browser you are using, your Internet Protocol (“IP”) address, mobile carrier information, mobile device information, or general and/or aggregated location data that does constitute Personally Identifiable Information.
When you use our Services, we automatically collect data that is sent to us from your device and/or browser (“Technical Data”). Information about your device and/or browser, your actions on our Services, and data collected via cookies, pixel tags and other similar technologies are all examples of Technical Data we collect from you.
The limitations and requirements in this Privacy Policy related to our collection, use, disclosure, transfer, storage, and retention of Personal Data do not apply to Non-Personal Data.

HOW WE USE YOUR PERSONAL DATA

We use the Personal Data we collect in a manner that is consistent with this Privacy Policy. We may use the Personal Data as follows:

TO PROVIDE OUR SERVICES TO YOU

Our Services help you browse our site and/or to register for the MSA. We use your Personal Data to authorize access to our website, and our Services.

TO COMMUNICATE WITH YOU ABOUT YOUR USE OF OUR SERVICES

We may contact you to inform you of important information related to our Services.

TO FULFILL YOUR PURCHASES OR INTERESTS IN THIRD-PARTY SERVICES

When you use our Services you may be given the option to receive free or paid services from our third-party partners. If you opt-in to any of these offerings, your Personal Data will be shared with the specific third-party or subsidiary to fulfill your request.

FOR MARKETING

We recommend to you Services based on your demographics and interests via email and/or text message. Additionally, we will show you advertisements based on your demographics,
interests, and past activities.
When you open emails from us, we may receive a confirmation notifying us that you opened the email, if your computer supports such capabilities. We also may keep track of what emails we send you and what emails you may be receiving from our subsidiaries and affiliates. Additionally, we keep a record of what communications you have selected to receive or not to receive. If you would like to opt-out of receiving such emails, please click on the “unsubscribe” link in the email and follow the instructions.

FOR INTERNAL BUSINESS PURPOSES

Aggregate Insights — To produce and share aggregated insights that do not identify you (e.g. to generate combined statistics about our Users, their demographics, and interests). Research and Development — We use Personal Data, including feedback you may provide us and your interactions with our Services, for research and development to further enhance our Services.
Security and Investigations — We use Personal Data if we believe it is necessary for security purposes including investigating possible fraud and/or other violations of our Terms of Use: TERMS OF USE
Other Internal Business Purposes — We may use your Personal Data and/or Non-Personal Data for other business purposes consistent with this Privacy Policy. If we intend to use your Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed prior to or at the time your Personal Data is collected, or we will obtain your consent subsequent to such collection but prior to use.

HOW WE SHARE YOUR PERSONAL DATA

We will not sell your data to third parties. However, there are certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you. These circumstances are described below:

Service Providers and Related Third parties – We may hire third-party companies and individuals to facilitate our Services (such as analysis, audit, marketing, development, and/or maintenance). Similarly, we may establish system integrations with third parties offering complementary services to ours in order to allow you to share your Personal Data across multiple systems (such as recruiting, compliance, training, evaluation and/or similar systems).

These third parties have limited access to your Personal Data to perform these tasks on our behalf, your behalf, and are obligated to us not to disclose or use it for other purposes. In the instance where you specifically request us to send your Personal Data to a third-party by opting-in to an offer presented during the registration process, you acknowledge that MSA4Sports are not a party to any transaction between you and any third-party. The fact that we introduced or facilitated your relationship with the third-party is not an endorsement, authorization, and/or sponsorship by us of the third-party. MSA4Sports has no control over, and assume no responsibility for, the content, privacy policies, or practices of the third-party. You expressly relieve us from any and all liability arising from your use of such third-party services. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT PROVIDED BY SUCH THIRD PARTIES. We advise you to read and be aware of all third-party Terms of Use and related agreements that apply prior to using their service.

Business Transfers and Affiliates – As our business evolves, we may buy or sell businesses or other assets. In the event of a corporate sale, merger, dissolution, bankruptcy, reorganization, or similar event, your Personal Data may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of MSA4Sports or its assets will have the right to continue to use the Personal Data and other information you provide to us in the manner set out in this Privacy Policy. We may also disclose your Personal Data to our corporate affiliates and subsidiaries in order to help provide, understand, and improve our Services and our affiliates’ services. If we do so, our corporate affiliates and subsidiaries use and disclosure of your Personal Data will be subject to this Privacy Policy.

Aggregate and Anonymized Information – We may share aggregate and anonymized information with third parties for marketing, advertising, research or similar purposes.

Compliance with Legal Process – It is possible that we may need to disclose Personal Data or information about your activities that we collect from you in order to comply with the law, a judicial proceeding, court order or other legal process such as in response to a subpoena, whether in the United States or other jurisdictions, or if we have a good faith belief that disclosure is reasonably necessary to comply with a legal obligation, protect or defend our rights or property (or that of third parties), prevent or investigate possible wrongdoing in connection with the Services, or to protect against legal liability.

YOUR CHOICES AND OBLIGATIONS

Data Retention — In order to provide our Services to you, we retain your Personal Data until you request us to delete it.
Your rights to Access and Control your Personal Data — We offer you a variety of ways to control how your Personal Data is collected, used, shared, stored, updated, and corrected. Your choices are as follows:

  • Delete your Personal Data — You can request us to delete some or all of your Personal Data if it is no longer necessary for us to provide our Services to you.

  • The right to withdraw consent. You also have the right to withdraw your consent at any time where we have relied on your consent to process your personal information.

  • Restrict our use of your Personal Data — You may request that we stop using some or all of your Personal Data if we have no legal right or requirement to keep using it.
    Additionally, you can limit our use of your Personal Data if it is inaccurate or unlawfully held. You may tell us that you do not want to receive our promotional messages, or that you do not want us to share your personal information with third parties for their marketing purposes by sending us your name, address, e-mail and phone number to:
    [customerservice@msa4sports.com]

  • Update Your Personal Data — You can update some of your Personal Data through your MSA4Sports account. Additionally, you can request that we update your data in certain
    cases, particularly if it’s inaccurate.

  • Access and/or Take Your Personal Data — You can request a copy of your Personal Data including any Personal Data you provided to us in a machine-readable format.

  • If you wish to make a request related to the retention or use of your Personal Data, you may contact us at: [customerservice@msa4sports.com] using the contact information
    below and we will consider your request in accordance with applicable laws.

Account Closure — If you close your MSA4Sports account, we may still retain your Personal Data as reasonably necessary to comply with our legal obligations, meet regulatory
requirements, prevent fraud, resolve disputes, maintain security, enforce our User Agreement, fulfill our Services or fulfill your request to “unsubscribe” from further messages originated through our Services by us. Additionally, we will retain your Non-Personal Data after your account has been closed.

INTERNATIONAL PRIVACY

If you use our Services from outside the United States, be advised that you are sending information, which may include Personal Data, to our servers in the United States. The
information you provide may then be transferred within the United States or back out of the United States to other countries outside of your country of residence. These countries may not have data protection and privacy laws as protective as those in your country of residence. Our collection, storage and use of your Personal Data will be governed by this Privacy Policy.
For residents of EEA, Switzerland and the United Kingdom. The EU General Data Protection Regulation (“GDPR”) requires us to provide you with additional information about the
processing of their Personal Data. The legal grounds for us processing your Personal Data typically include at least one of the following:

  • You provided your consent

  • It is necessary for our contractual relationship

  • It is necessary for us to comply with our legal or regulatory obligations

  • It is in our legitimate interest as a psychological assessment service registration platform (e.g. to provide you with customer service, to fulfill your registration request).

EU data protection law makes a distinction between organizations that process Personal Data for their own purposes (“Data Controllers”) and organizations that process Personal Data on behalf of other organizations (“Data Processors”). We may act as either a Data Controller or a Data Processor in respect of your Personal Data, depending on the circumstances. If you have a question or complaint about how your Personal Data is handled, these should be directed to the relevant Data Controller since they are the ones with primary responsibility for your Personal Data.
If you have a question or complaint regarding how we handle your Personal Data, please contact us at: [ customerservice@msa4sports.com]. If you are not satisfied with how we have attempted to resolve your complaint, you may contact the relevant data protection authority including filing a complaint with the relevant supervisory authority.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits our customers that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to [customerservice@msa4sports.com] or by postal mail to MSA4S/AS&K, 116 East King Street, Malvern, PA 19355-2516.

LINKS TO EXTERNAL SITES

Our site may contain links to other sites on the Internet that are not under our control. MSA4Sports is not responsible for the privacy practices or the content of such websites. See our Terms of Use: TERMS OF USE

COOKIES

A cookie is a small file placed onto your device that enables features and functionality for our Services. As described in the TERMS OF USE, we use cookies on our sites (e.g. MSA4Sports.com, appliedskills.com, and turningptgroup.com, and mobile applications. Any browser visiting these sites will receive cookies from us.

We use two types of cookies – persistent cookies and session cookies. A persistent cookie helps us recognize you as an existing user of our Services, so it is easier to interact with our Services without needing to sign in again. Session cookies only last for as long as the session (typically this means the cookie lasts as long as your current visit/use of our Services or browser session). Cookies can be used to recognize you when you use our Services, remember your preferences, and give you a personalized experience. Cookies also make your interactions with our Services faster and more secure.

Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, inhibit or preclude your use of the Site or its features. To learn more about the use of cookies, including how to manage or delete them, click here.

SECURITY

Our websites and other digital properties have security measures in place designed to protect the loss, misuse and alteration of the Personal Data under our control. We have taken numerous steps to promote the confidentiality, accuracy and security of your payment information.

We strive to maintain the reliability, accuracy, and completeness of personal data in our databases and to protect the privacy and security of our databases. However, since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information that you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you correspond with us by e-mail, text message, or using web forms like a “Contact Us” feature on our Site, you should be aware that your transmission might not be secure. A third party could view the information you send in transit by such means. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

If you create an account on our Site, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any activity that occurs using your account credentials, whether or not you authorized such activity. Please notify us of any unauthorized use of your password or account or any other breach of security

CHILDREN ONLINE PRIVACY PROTECTION ACT

We do not knowingly collect Personal Data from children under the age of thirteen (13). Please do not submit your Personal Data through our Services if you are under the age of thirteen (13).

We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through our Services without their permission. If you believe a child under the age of thirteen (13) has provided Personal Data to us through our Services, please contact us at [customerservice@msa4sports.com]

CONTACTING US

We encourage you to contact us if you have questions or concerns regarding this Privacy Policy, our practices and procedures related to your Personal Data, or your dealings with our Services:
You can send us an e-mail at: customerservice@MSA4Sports.com
You can call: (610) 226-2119
You can mail us at: MSA4Sports, 116 East King Street, Malvern, PA 19355-2516

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