Privacy Policy

Incorporation of Terms:

The terms contained in this Privacy Policy incorporate the Acceptable Use Policy, available on this website and in our app, unless otherwise noted.

Additional Agreements:

This Privacy Policy incorporates all clauses from the Acceptable Use Policy and any other relevant Policies, available on this website, except where otherwise noted.

Who This Agreement is for:

By accessing and using this website and app, you accept and agree to be bound by the terms and provisions of this agreement and any other agreement published on this website or in any application, or any website owned and operated by Tournament LLC (collectively the “Policies”). In addition, when using any service provided on this website or in any application, or by any subsidiary of Tournament LLC (“Tournament”), you are subject to any posted guidelines or rules applicable to such services, which may be posted and modified at-will by Tournament.

General Purpose:

The purpose of this Privacy Policy is to provide a better understanding of Tournament’s commitment to the privacy of the User. Any reference in the first-person will refer to Tournament and its commitments. Any reference in the second-person will refer to the User directly. It is the User’s responsibility to ensure their responsibilities are maintained by their agents, representatives, and end-users.

Company Goals:

While Tournament is not under legal obligation to follow the guidelines set forth on data privacy by the European Union under the EU General Data Protection Regulation, (“GDPR”) Tournament’s corporate and moral goal is to follow GDPR guidelines.

As such, the Provider promises to, where possible:

  • Explain how Tournament processes data in a “concise, transparent, intelligible and easily accessible form, using clear and plain language.”
  • Make it easy for the User to make privacy-related requests to Tournament.
  • Communicate clearly the usage of the User’s private data when provided, including but not limited to:
    • The amount of time the data is stored, or the criteria used to determine the amount of time the data is stored,
    • The legitimate interests pursued when processing the User’s data,
    • The protocol for reviewing, removing, and obtaining the User’s data,
  • Delete all of the User’s private data that is no longer required to provide Services to the User,
  • Anonymize any data that does not specifically need to be stored with a User’s personal information (i.e. Geolocation, IP addresses, access information, etc.,)
  • Make it easy for a User to request their information, or request their information stored on our servers be sent to a third-party,
  • Make it easy for a User to request withdrawal from any agreement or consent with Policies,
  • Regularly review this Privacy Policy for changes, effectiveness, changes in handling of data or the state of affairs of other countries that our data may flow to,
  • Make it easy for a User to update their information within our system,
  • Train agents and representatives on the importance of privacy and on these key points.

In some cases, such as withdrawing consent from this and other Policies, the User may forfeit their access to the site and our Services. Due to the nature of Tournament’s work, Tournament cannot accept anonymous sign-ups, and as a result some personal data is required to continue Services with Tournament.

Do Not Sell My Data:

We do not sell, nor have we ever sold data to any third-party company. Your data will be solely retained for the use of Tournament LLC and its subsidiaries, and will never be sold or used outside of the Company.

Reciprocating Data and Data Removal Requests:

When Tournament reciprocates (or copies) data to another subsidiary company, and a request for deletion has been made, all companies within the parent company’s organization (Tournament LLC) will receive the request and act on it as appropriate. In the event of discontinuing services due to the deletion of this data, the User will lose access to all services provided by all companies under Tournament’s control.

Opting In:

Tournament uses an opt-in system, similar to those used in the EU, as part of the commitment to following as many privacy regulations from the GDPR as possible. The User will be prompted to allow for cookies and other location/browser-related data to be collected for analytical purposes at the time of their first entry, or their subsequent entry following the clearing of their browser’s history/cookies/cache.

In the event the User chooses to opt-out of this prompt, only anonymous session data will be collected and stored. Tournament disables Google Analytics, any internal analytics, and session logging for the User’s private data in the session. The User will continue to be prompted on subsequent visits, as no session data will exist for the User following the previous visit and no permanent storage of the User’s response will be made. This may limit the features of the site, and the User will not be able to log-in, register or purchase Services until they have opted-in.

Our Commitment to Removing Data:

We stand by our word in transparency, and will inform the User when data pertaining to your personal information has been removed from our systems or network. This notification will be in the form of an e-mail or other electronic message (i.e. Account notifications, etc.) and will be received within seven (7) days of the deletion of this data.

When a request is made for the deletion of data by a User, we will provide the User with an initial response within fourteen (14) business days of the request date. This initial response will include the following information:

  • What the User forfeits by removing this data from our system (if applicable),
  • The length of time required to securely remove this information from our system.
  • The estimated timing for complete removal of this information from our system.

In the event data cannot be removed without disabling access to the Services or site, the initial response will outline the implications of removing this data and will ask for final consent in the removal once all necessary information is obtained by the User.

In the event the User has entered an agreement for Services provided by Tournament, the commitment term must be completed before the data can be removed, except where early cancellation or term cancellation is applicable per Tournament’s Acceptable Use Policy.

Notification of Breach:

Tournament will provide notification of security breaches that affect a User’s personal data to the User within twenty-one (21) days of resolution of the breach, including a full security analysis performed either by internal representatives or Tournament’s agents, or by a third-party security firm. Tournament reserves the right to maintain the security of its infrastructure, and to decide the third-party security firm or responsible agents or representatives to carry out security investigations in the event of a breach.

Tournament is not responsible for breaches caused by the negligence or actions of a User, including, but not limited to, insecure passwords, re-using passwords on other sites, breaches resulting from or pertaining to the use of the Services. The User is solely responsible for any security breaches of their Services and Tournament retains no moral, legal, or other obligation to monitor the Services provided for security or any other form of breach.

GDPR Article 8 and COPPA:

Tournament’s Services are not intended for use by any minor under 13, and the User must be of legal age and under no disability to consent to a contract in their jurisdiction or in the applicable jurisdiction of the Policies.  The jurisdiction’s laws which would afford Tournament the most protection will be the controlling law for any legal action arising from this clause. Any information retained from a disallowed minor, upon notification of such access, will be immediately destroyed by Tournament, and Services and access to all sites provided will be immediately discontinued.

Types of Data Collected:

The User, upon opting in as explained in the “Opting In” section of this Privacy Policy, consents to the following data being collected:

  • Google Analytics cookies and related information
    • Google Analytics is a web analysis tool provided by Google LLC (“Google”).
    • Google utilizes the User’s data collected to track and examine the usage of Tournament’s websites and applications, to prepare reports on the User’s activities and share them with Google’s services.
    • Google may use any data collected to contextualize and personalize the ads of its own advertising network.
    • Personal Data processed: Cookies; and Usage data.
  • Session Logging
    • Tournament will implement a single cookie to collect the User’s opt-in response to avoid repeat requests for approval
    • Tournament may save temporary session files, to be retained for a maximum of seven (7) days, on their systems to better the user experience and features of the user interface
  • Support and Contact Forms
    • Tournament may utilize a third-party system, for support and for contact forms.
    • Tournament ’s support and contact form software may implement cookies or session data for a user, and Tournament may send personal data to affiliates in order to better serve the User and its agents, representatives or end-users.

The User, upon opting out as explained in the “Opting In” section of this Privacy Policy, will consent to the following data being collected:

  • Tournament may collect IP addresses that access this website, or any website maintained by Tournament to prevent misuse, and to aid authorities in investigations.
  • Tournament may collect any data manually submitted by the User on any form of this website.

The User, upon opting out as laid out in the “Opting In” section of this Privacy Policy, understands that some features of this website and the applications Tournament provides may be limited due to their decision, and may require a future opt-in agreement to access. These include, but are not limited to:

  • Registration
  • Login
  • Accessing account information
  • Purchasing Services
  • Creating support requests
  • We may collect your age, birthdate, or marital status for business purposes relating to you creating an account on the Sites and filling out forms or applications relating to our products and services.  The purposes for which we collect such information may vary based on our relationship with you.  We do not collect information regarding your race, national origin, religion, medical condition, physical or mental disability, sexual orientation, veteran or military status, or genetic information.
  • Sources: We collect this information directly from you, or from Affiliated Companies, Third Party Service Providers.
  • Sharing: We may disclose this information, including your name, birthdate, marital status, with third parties such as Service Providers, Advertising Partners, and/or Government & Regulatory Agencies.

Legal Action:

The User’s personal data may be used for legal purposes by Tournament in order to defend or enforce any legal right Tournament may have arising from improper use of the Services, any application, or this site.

The User understands and is aware that Tournament may be required to reveal personal data upon the request of law enforcement or other governmental body.

Information Not Contained Within:

The User may request additional information on the processing and collection of data at any time from Tournament by completing a support request.

Do Not Track HTTP Headers:

When opting out, as per the “Opting In” section of this Privacy Policy, Tournament will attempt to attach “Do Not Track” headers to the HTTP/HTTPS requests following the opt-out. While Tournament will attempt to attach these headers, Tournament is not responsible for whether these headers will be respected in their entirety, or by third-party services or websites. Additionally, Tournament is not responsible or liable for browsers that do not support these headers.

Limitation of Liability for Opt-Out:

If the User opts out, as per the “Opting In” section of this Privacy Policy, they understand that their experience may be less than ideal on this site. Tournament is not liable for any damages, incidental or otherwise, caused by or related to the experience.

Retention Time:

The User’s data shall be processed and stored for as long as required by the purpose they have been collected for. Therefore:

  • User data collected for purposes related to the performance of a contract between Tournament and the User shall be retained until such contract has been fully performed and for a period of up to one (1) year thereafter;
  • User data collected for purposes related to the legitimate interests of Tournament will be retained as long as needed to fulfill such purposes. Specific information regarding the legitimate interests of the Provider can be found within the related sections of this Privacy Policy, or may be requested via support request to Tournament directly.

As part of Tournament’s commitment to this retention time, if a user account has been without use for a period of one (1) year, Tournament will erase all personal data stored in the account for the User, except where retention is necessary to comply with governmental request or applicable laws. The User may request the retention and renewal of this data up to three (3) days prior to the erasure of this data, and will be contacted via electronic message (e-mail or otherwise) about the erasure up to twenty-one (21) days prior to this removal.

Once the retention of data period expires, all User data will be permanently erased. Therefore, the right to access, the right of erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.

Basis of Processing:

Tournament may process personal data of the User if any of the following are applicable:

  • The User opts in, as per the “Opting In” section of this Privacy Policy.
  • The User has given their consent for one or more specific purposes, until the User specifically opts-out, without having to rely on consent or any other of the following bases.
  • Provision, collection, processing or transfer of data is required and necessary for the performance of any other agreement between Tournament and the User or its agents, representatives, or end-users or for any related pre- or post- contractual agreement.
  • Provision, collection, processing or transfer of data is required for compliance with a legal obligation to which Tournament is subject.
  • Provision, collection, processing or transfer of data is necessary to a task that is carried out in the public interest or in the exercise of official authority vested in Tournament.
  • Provision, collection, processing or transfer of data is necessary for the purposes of the legitimate interests pursued by Tournament or its agents, representatives or vendors or any third-party Tournament uses for the betterment of user experience and interface, or any other purposes.

Users may request specific information related to our processing, collection, transfer, or provisioning of data, and the basis of such provisioning via a support request to Tournament directly.  Tournament will specify whether the provisioning is a statutory or contractual requirement, and/or is a requirement necessary to enter into a contract or agreement with Tournament.

Data Processing Location(s):

Tournament will process data at their offices, including remote offices around the globe for its representatives, agents, or vendors, and at the locations of our internal and public systems. In some cases, the User’s data may be transferred to a country other than their own, depending on the User’s location.

Data Safeguarding:

Tournament commits to safeguard the User’s data to the best of our ability. This includes transferring data securely over the Advanced Encryption Standard (“AES”) or Transport Layer Security (“TLS”). Tournament does not currently, nor has any intention of partnering with any vendors that do not accept at minimum a TLS secured connection.

The data stored on Tournament’s network and systems will at all times be encrypted or hashed, depending on the available industry best commercially practicable standards and practices at that moment. Tournament also routinely monitors our systems and network for possible breaches and required security improvements.

Credit card data is not stored on Tournament’s internal systems, and is securely transmitted to a third-party payment vendor used by Tournament.  Our vendor stores all relevant payment information (such as bank account information or credit/debit card information), and Tournament only stores a token provided by the payment vendor to charge cards and accounts at a later time.

Your Rights:

Tournament strives to provide the User with the following rights, as per Tournament’s moral goals and mission:

  • Withdrawal of the User’s consent at any time.
    • Users have the right to withdraw their consent to data processing after they have previously given their consent to the processing of their personal data under other provisions of this Privacy Policy.
  • Object to the processing of the User’s data.
    • Users have the right to object to the processing of their personal data if the processing is carried out on a basis other than those defined in the “Basis of Processing” section of this Privacy Policy.
  • Access of Data.
    • Users have the right to learn if data is being processed by Tournament, obtain disclosure regarding certain aspects of the processing, and obtain a copy of the data undergoing processing except where doing so may expose Tournament to criminal or civil liability.
  • Verify and seek rectification.
    • Users have the right to access their data to verify the accuracy of the data and ask for it to be updated where necessary.
  • Restrict the processing of the User’s data.
    • Users have the right, under certain circumstances as laid out in the other provisions of this Privacy Policy, to restrict the processing of their data. In this case, Tournament may still store data, but will not process it for any other purpose.
  • Request deletion of personal data.
    • Users have the right, under the provisions of this Privacy Policy, to obtain the erasure of their personal data from Tournament’s network and systems.
  • Lodge a complaint.
    • Users have the right to lodge a complaint with Tournament regarding the practices and provisions in this Privacy Policy or how the User’s data is processed. Tournament will return an initial response withing fourteen (14) business days of receipt.

These rights do not give a User any legal cause of action against Tournament, nor do they create any duty or liability to any User by their existence.  In all cases Tournament retains full power to interpret and enforce these rights, and the final decision will be made by Tournament. Tournament retains the final right to approve or deny any User request arising under these rights.

Enforcement of this Privacy Policy:

The User agrees and accepts that all provisions set out in this Privacy Policy related to GDPR, CCPA or any other privacy act not recognized by the competent court as defined by the Acceptable Use Policy is a company goal, not a legal provision.  Tournament is not liable for any of provisions that are not mandatory by the applicable law, implicitly or written. Any compensation for breach, if applicable, provided by Tournament does not waive this enforceability clause and does not impart any additional legal rights to the User.  Your state may afford you specific rights under state law, and Tournament will make all reasonable efforts to comply with such requirements in a timely fashion.

Notice to California Consumers:

This California Privacy Notice is intended for users with registered addresses in California.  In the event of a conflict between any other privacy policy, this notice will prevail as to California consumers and their rights under the California Consumer Privacy Act (“CCPA”).

This section covers our collection, use and disclosure of California consumer’s personal information as defined by the CCPA, for the 12 months preceding the effective date.  This section also covers rights California consumers have under the CCPA, as well as other notices to California residents that may be required by law.

We collect identifiers such as contact information, date of birth, account credentials, online identifiers, IP address, and similar information.  Note that some of this information may include personal records as defined by Cal. Civil Code § 1798.80(e).

We may also collect characteristics of protected classifications, such as demographic information like gender, sex, or age.

We collect commercial information, including customer account details, services purchased or considered, purchase history, and other purchasing histories based on historical records.  Your network activity information will also be collected, which may include information about which of our sites/apps/services you use, as well as data regarding connected hardware, browsing activity, IP address, and device identifying information which may include your physical or device location.

We further collect user submitted photos, audio and video.  If applicable, we may also record calls to our support line, at our sole option.

From this information we will also collect inferences from the personal information we have assembled, including user preferences, attitudes, use trends, interests, predispositions, behavior, as well as other similar information which may be assembled in connection from user profiles.

We collect login credentials and precise location data.  There may also be times when we need to collect governmental issued ID numbers as part of required legal compliance.  Some of the information we collect may be sensitive personal information.  If you provide sensitive personal information when using our services, it may be collected.

We collect personal information directly from you or your device, service providers, our affiliates, as well as public sources of data.  This personal information is collected, retained, and used generally in the same manner as described in our privacy statement, however, we reserve the right to use personal information for processing and managing interactions and transactions, performing services, research and development, quality and safety assurances, verification, product improvement or enhancement, security to include protection against security incidents and fraudulent, malicious, or illegal conduct, debugging, non-personalized advertising, and enabling our service providers and their business partners to provide services to us.

We do not sell your personal information for monetary gain.  We may disclose certain categories of personal information in a way that could be deemed a “sale” or “sharing” of data for behavior advertising under California law to third parties (which may include advertising companies and social networks).  We do not sell personal information of individuals we know to be under the age of 16 or share personal information of individuals we know to be under the age of 16 for behavioral advertising.

Any request under the CCPA may only be exercised by you or an authorized agent who meets the agency requirements of the CCPA.  Your request is subject to a verification process, which includes providing your name, email, state of residence, as well as any other information we may require to verify your identity or request.  We may not fulfill your CCPA request unless you have provided sufficient information for us to appropriately verify you and your request.  You do not need to create a password protected account with us to make a consumer request under the CCPA.  Typically, we do not charge a fee to respond to your requests, however we may charge a fee if allowed under applicable law.  Requests by an agent may be subject to attestation of authority, under penalty of perjury.

Under applicable sections of the CCPA, you have the right to obtain a copy of the specific pieces of personal information that we have collected about you.  You also have the right to delete your personal information which we have collected.  If you request we delete your personal information, applicable law may permit or require us to retain collected personal information to complete transactions and services which you requested or that are reasonably anticipated.  We are allowed to keep such information for security purposes, legitimate business purposes, to comply with the law, to cooperate with law enforcement requests, and to exercise or defend legal claims.  If you request a service which requires personal information, we may not be able to provide such service if you have asked for your personal information to be deleted.

You have the right under the CCPA to request that we correct any personal information about you which is inaccurate, and is under our control.  As a California resident, you may also opt out of sales or sharing of personal information.  Such requests must be sent to us for processing, as well as by deactivating cookies in your browser settings.

We will process opt-out requests submitted by user’s opt-out preference as required by applicable law.  You can also learn how to set up and use an opt-out preference signal by visiting the California Attorney General’s CCPA page.

We do not use or disclose sensitive personal information for purposes that, under applicable law, require us to offer consumers a right to limit the use or disclosure of sensitive personal information.  We further do not discriminate against you because you exercise your CCPA rights.  We may however offer a different level of quality or service, to the extent that doing so is reasonably related to the value of the applicable data.

We keep your information for the length of time needed to carry out the purposes outlined in our privacy statements, and to adhere to our record keeping policies (unless a longer time is required by law).  Our policies reflect applicable laws, and we will retain and use your information to extent necessary to manage your relationship with us, personalize and improve your user experience, to comply with our legal obligations, resolve disputes, enforce our rights, and other legitimate uses.

Connecticut, Colorado, Utah and Virginia Residents:  Under applicable law, you may have the following rights:

Right of Access – You have the right to confirm whether we are processing personal information about you, and to request access to such personal information.

Right of Correction – You have the right to request that we correct inaccuracies in certain personal information we have.

Right of Deletion – You have the right to request that we delete personal information concerning you.  Note that if you have requested a service that requires the use of your personal information, we will not be able to provide that service if you choose to delete your personal information.

If we deny your request under these rights, you have the right to lodge an appeal with us.

Nevada Residents:  Nevada users have the right to instruct us not to sell “covered information” as defined in Chapter 603A of the Nevada Revised Statutes.  We currently do not sell “covered information” as those terms are defined under that law, but you may still contact us and provide your name, Nevada residence address, your email, and exercise your opt out rights, should we begin to sell such information in the future.  If your email or contact information changes, you must submit another request, because we only track opt-out preferences specifically sent to us for that purpose, not email changes provided on other parts of our apps, sites, or services.

All requests under this privacy agreement and its related state specific portions should be sent to [email protected].