HOFr Privacy Policy

Last Updates: March 10, 2020

Welcome to the HOFr (“HOFr”, “we”, “us” and/or “our”) Privacy Policy. Our services are designed to offer users (collectively, “Users,” “you,” or “your`”) the opportunity to make interactive predictions about live events (“Services”). The Services are provided to you through our mobile application (“App”).

This Privacy Policy explains what personal data we collect through the Services, how we use and share that data, and your choices concerning our data practices. This Privacy Policy forms part of our Terms of Service, which are available here.

By providing us with your personal data when using the Services, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not access or use the Services.

INFORMATION WE COLLECT

When you interact with our App, we collect information that, alone or in combination with other information, could be used to identify you (“Personal Data”).

Personal Data You Provide Us

  1. Account Information
    Some information is required to create an account on our Services, such as first name, last name, HOFr username, email address, and mobile telephone number. We collect telephone numbers in order to authenticate users. After entering their number, users receive a text message with an authentication code. They have to enter the code into the App in order to register. We may also use email addresses and telephone numbers to communicate with users, such as sending text messages to winners to inform them they have won and/or to invite them to appear on subsequent shows. We ask for (but do not store) your date of birth when you create an account so we can ensure you are old enough to use the App. We may also collect a link to your Facebook profile if you choose to connect your HOFr account to your Facebook account.
  2. Interactions With The Services
    The Services are primarily designed to provide users with the opportunity to make interactive predictions about future events. We collect the information you provide when you interact with the Services, such as by making a prediction or responding to a prompt. We also collect the metadata associated with those interactions (such as the time they occurred).
  3. Location Information
    When enabled by you, we collect location information provided by your device. We may also obtain location information you provide in your profile or from your Internet Protocol (IP) address. With your consent where required by the applicable law, we may also determine location by using other data from your device, such as precise location information from GPS, information about wireless networks or cell towers near your mobile device. This information is used to ensure you are in a geographic location where the Services are available.
  4. Prize Winners
    In order to comply with legal requirements, if you win a prize from the Services, we will ask for your PayPal ID (so we can pay you), your full name, your telephone number and your mailing address. If your prize winnings exceed $600, we are also required by law to collect your social security or government identification number.
  5. In-App Purchases
    If you purchase in-game items through the HOFr app, our third-party payment processor will collect the billing and financial information it needs to process your charges. This may include your postal address, email address, and financial information. HOFr’s payment processors do not share your financial information, like credit card numbers, with HOFr, but they may share non-financial information with us related to your purchases, like your name, billing address, and the items purchased
  6. Additional Information

    If you email us, we may keep your message, email address and contact information to respond to your request.

    We also collect information you choose to provide to us when you complete any “free text” boxes through the Services (for example, support request or survey submission).

  7. Information We Receive From Your Use of Our Services
    When you use the Services, the following information is created and automatically logged in our systems:
    • Log data: Information (“log data”) that is generated automatically by the App. Log data includes your Internet Protocol (“IP”) address, browser type and settings, the date and time of your request, and how you interacted with the Services.
    • Device information: Includes type of device you are using, operating system, settings, unique device identifiers, network information and other device-specific information. Information collected may depend on the type of device you use and its settings.
    • Usage Information: We collect information about how you use our Services, such as the types of content that you view or engage with, the features you use, the actions you take, the payments made to you, frequency and duration of your activities.
HOW WE USE INFORMATION

We use your personal data for the following purposes:

To authenticate and communicate with Users, provide the Service, and transfer prize money. Specifically, we use users’ cell phone numbers to authenticate users and . We will use Users’ device IDs to tell them when our live show is about to start. We use birthdates to ensure users are old enough to use the Services. provide our Services. If Users register using their Facebook ID or connect their Facebook ID, we use Facebook profile photos to personalize Users’ avatars and we use Facebook friends lists to personalize Users’ leaderboards. We use users’ PayPal ID to transfer any prize money to them. We retain records of prizes distributed for the purposes of operating the Services. This processing is necessary to perform the contract with you. We also store prize winners’ full name, telephone number, mailing address, and, in some circumstances, social security or other government identification number so we can comply with our legal obligations.

As necessary for certain legitimate business interests, which include the following:

  • To respond to your inquiries and fulfill your requests;
  • To invite certain users to appear on future shows;
  • To send administrative information to you, for example, information regarding the App, and changes to our terms, conditions, and policies;
  • To provide, maintain and improve the content and functionality of the Services. For example, we regularly fix bugs or user experience issues that may be tied to particular user accounts; If you ask us to delete your data and we are required to fulfil your request, to keep basic data to identify you and prevent further unwanted processing;
  • To prevent fraud, criminal activity, or misuse of our Services;
  • To ensure the security of our IT systems, architecture and networks;
  • To (a) comply with legal obligations and legal process, (b) respond to requests from public and government authorities including public and government authorities outside your country of residence; (c) enforce our Terms of Service; (d) protect our operations or those of any of our affiliates; (e) protect our rights, privacy, safety, or property, and/or that of our affiliates, Users, or others; and (f) allow us to pursue available remedies or limit the damages that we may sustain, as required or permitted by the law.
  • For individuals in the European Union (“EU”), please see the “European Union Users” section below for information on what we mean by legitimate interests and your rights.

    SHARING AND DISCLOSURE OF INFORMATION

    We may share or disclose your information at your direction, such as when you authorize a third-party service to access your account or when you voluntarily share information or content via the Services.

    There are certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, unless required by the law, as set forth below:

    • Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions: providers of hosting, payment processing services, email communication and geo-fencing. Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us.
    • Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be transferred to a successor or affiliate as part of that transaction along with other assets.
    • Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of Users of the Site or the App, or the public, or (iv) protect against legal liability.
    DATA RETENTION

    We will keep your Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a legitimate business need to do so, or as required by law (e.g. for tax, legal, accounting or other purposes), whichever is the longer.

    If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.

    To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances we may anonymize your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.

    UPDATE YOUR INFORMATION

    If you need to change or correct your Personal Data, or wish to have it deleted from our systems, you may contact us. We will address your request as required by applicable law. You may also update your Personal Data from your user settings.

    EUROPEAN UNION USERS

    Scope. This section applies if you are a User in the EU (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway).

    Data Controller. HOFr is the data controller for processing Personal Data provided to us through the Services. To find out our contact details, please see the “Contact Us” section below, which also provides the contact details of our representative in the EU for purposes of the General Data Protection Regulation.

    Your Rights. Subject to applicable EU law, you have the following rights in relation to your Personal Data:

    • Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
    • Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
    • Right to erasure: You may ask us to delete or remove your Personal Data, such as where you withdraw your consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.
    • Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
    • Right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
    • Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:
      • If we are relying on a legitimate interest to process your Personal Data — unless we demonstrate compelling legitimate grounds for the processing or
      • If we are processing your Personal Data for direct marketing.
    • Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent.
    • Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

    Please see the “Contact Us” section below for information on how to contact us to exercise your rights.

    Legitimate Interest. “Legitimate interests” means our interests in conducting our business, managing and delivering the best Services to you. This Privacy Policy describes when we process your Personal Data for our legitimate interests, what these interests are and your rights. We will not use your Personal Data for activities where the impact on you overrides our interests, unless we have your consent or those activities are otherwise required or permitted by law.

    PUBLICLY POSTED INFORMATION

    This Privacy Policy shall not apply to any information you post to the public areas of the Services.

    CHILDREN

    HOFr does not knowingly collect Personal Data from children under the age of 18. HOFr’s Terms of Service require all account owners to be at least 18 years of age or the age of majority in you jurisdiction, whichever is older. Minors under 18 years of age are not permitted to use our Services.

    THIRD PARTY WEBSITES AND APPLICATIONS

    This Privacy Policy only applies to the Services. The Services may contain links to other websites or mobile applications not operated or controlled by HOFr (collectively “Third Party Sites”). We do not own, control or operate Third Party Sites, and we are not responsible for the privacy policies or practices of Third Party Sites. Privacy policies and practices for Third Party Sites may differ from this Privacy Policy and our practices. We encourage you to read the privacy policies of Third Party Sites before disclosing Personal Data on Third Party Sites.

    SECURITY

    You use the Services at your own risk. HOFr takes steps to protect the Personal Data provided through the Services from loss, misuse, unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error-free. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to HOFr via the Internet. We cannot control the actions of other Users with whom you may choose to share information. Therefore, we cannot, and do not, guarantee that information or content posted by a User on or through the Services will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

    OTHER TERMS AND CONDITIONS

    Your access to and use of the Services is subject to any additional terms applicable to such Services that may be posted on the Services from time to time, including without limitation, HOFr’s Terms of Service available here.

    CHANGES TO THE PRIVACY POLICY

    The Services and our business may change from time to time. As a result we may change this Privacy Policy at any time and when we do we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use the App or providing us with information after we have posted an updated Privacy Policy, or provided the applicable notice, you consent to the revised Privacy Policy and practices described in it.

    INTERNATIONAL USERS

    HOFr is based in the United States. If you are accessing our Services from the EU or other regions with laws governing data collection and use, please note that your Personal Data will be transmitted to our servers in the United States as necessary to provide you with the Services that you requested, administer our contract with you or to respond to your requests as described in this Privacy Policy, and the data may be transmitted to our service providers supporting our business operations (described above). The United States may have data protection laws less stringent than or otherwise different from the laws in effect in the country in which you are located. Where we transfer your Personal Data out of the EU we will take steps to ensure that your Personal Data receives an adequate level of protection where it is processed and your rights continue to be protected.

    CONTACT US

    Please feel free to contact us if you have any questions about HOFr’s Privacy Policy or the information practices of the Services.

    You may contact us as follows: You may send an email to legal@playhofr.com, or send mail to:

    P.O. Box 720215, San Francisco, CA 94172-0215, USA.

    If you are an individual in the EU, you can also contact the European Data Protection Office, who has been appointed as HOFr’s representative in the EU pursuant to Article 27 of the General Data Protection Regulation, on matters related to the processing of Personal Data.