Privacy Policy

InfoMotion Sports Technologies, Inc. (“InfoMotion”) respects your individual privacy.  This Privacy Policy puts you in control of how your personal and other information (and the personal and other information of your child, if your child is under the age of 18) is used in connection with our website, 94fifty.com and all subdomains (“InfoMotion Website”).  This Privacy Policy describes how we collect, use and share personal, non-personal and other information we obtain from users of the InfoMotion Website   (“you”).  This Privacy Policy only applies to the InfoMotion Website.  By using the InfoMotion Website, you agree to this Privacy Policy.
InfoMotion reserves the right to revise this Privacy Policy at any time without notice.  When this Privacy Policy is revised in a material way, notice will be posted on the InfoMotion Website along with the revised Privacy Policy.  Therefore, you should review it periodically so that you are up to date on our most current policies and practices.
For purposes of this Privacy Policy and with respect to a Player under the age of 18, the terms “you” and “your” refer to that Player and his/her Parent, both individually and collectively.
This Privacy Policy is complemented by our “Terms of Use”.

I.  ABOUT US
InfoMotion administers tests and has relationships with a national network of certified testing partners and coaches who administer tests utilizing InfoMotion’s specially designed sporting devices (e.g., basketballs and other balls) (collectively, the “InfoMotion Ball”) for the purpose of evaluating an athlete’s (“Player’s”) overall basketball skills.  The InfoMotion Ball contains an embedded motion detecting device capable of collecting raw data from the Player (the “Performance Data”) which can then be used by InfoMotion to provide diagnostic and comparable data to the Player, the Player’s parent/legal guardian (“Parent”) the Player’s coach (“Coach”), and the person or persons involved in the operation of and/or who control the program in which the Player is involved (“Program Administrator”).

II.  INFORMATION WE COLLECT
A.  Personal Information that You Provide to Us Online
InfoMotion collects “Personal Information”  — that is, information such as full name, email address, mailing address, and telephone number — in order to create or enhance our relationship with you and provide you with services. We collect Personal Information that you provide voluntarily to us.  For example, if you are 18 years or older, InfoMotion collects your full name, email address and a password (among other things) when you register to use the InfoMotion service and set-up an online InfoMotion account.  In addition, if a Player is under the age of 18, a Parent of that Player must register to use the InfoMotion service and setup an online InfoMotion account to view the Player’s Performance Data, by providing Personal Information about himself/herself as well as his/her child who is the Player.  A Parent can set-up subaccounts associated with his primary account for each such Player/child under the age of 18 for that child to view his/her Performance Data.   Players and others under the age of 18 will not be asked to provide Personal Information online at the InfoMotion Website.
We may also collect Personal Information when you participate in activities on the InfoMotion Website   such as sweepstakes, contests, surveys, forums, bulletin boards, polls, e-mailing to a friend and subscription registrations; when you submit comments, content or suggestions to us; or when you want us to furnish you with products, services or information.

B. Performance Data from Use of the InfoMotion Ball
By participating in a test or other use of an InfoMotion Ball, InfoMotion may collect Performance Data generated from a Player’s use of the InfoMotion Ball.  In situations where it is possible to do so, Performance Data may be linked to the Personal Information and Biographical Material (as defined in Section II.C. below) of a Player and/or his/her Parent.

C. Biographical Material
As part of the online account registration process, you may be asked to provide the age, height, town/city and state of residence, and other biographical material about the Player that is being registered (“Biographical Material”).  In situations where it is possible to do so, Biographical Material may be linked to the Personal Information and Performance Data of a Player and/or his/her Parent.

D. Personal Information Collected by Third Parties
Certain transactions and services offered while visiting the InfoMotion Website may be processed or provided by third parties under contract with us for fulfillment and other purposes. When your Personal Information is submitted to these third parties for such purposes, we require those third parties to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided.

E. Non-Personal Information
“Non-Personal Information” is information about you or your activities through which you (and your child, as applicable) cannot be personally identified. For example, when you use the Internet, your web browser or software may transmit certain information to the servers that host the websites you visit. Such information may include, for example, the unique number assigned to your server or Internet connection, your geographic location, and your interactions with the InfoMotion Website, including what pages you look at and what information you download. When you visit the InfoMotion Website, our servers collect Non-Personal Information. In situations where it is possible to do so, Non-Personal Information may be linked to the Personal Information of a Player and/or his/her Parent.

F.  Cookies
Cookies are small bits of information that the InfoMotion Website places on the hard drive of your computer. Cookies remember information about your activities on our site and enable InfoMotion to make your visits to the InfoMotion Website more enjoyable. For example, cookies can store your name and password for easy logon to a site you have previously visited and can save information concerning the sections of the InfoMotion Website that you visit the most. Cookies are also used to put a unique identifier on your computer.  In situations where it is possible to do so, this unique identifier may be linked to the Personal Information of a Player and/or his/her Parent.
You can program your computer to warn you each time a cookie is being set or to refuse cookies completely. However, without cookies, you might not have access to certain features of and links within the InfoMotion Website.

III. HOW WE USE THE INFORMATION WE COLLECT

A. General Principles
InfoMotion will use and share your Personal Information, Performance Data, Biographical Material, and Non-Personal Information (and/or that of your child who is a Player) in a manner that is consistent with this Privacy Policy.  InfoMotion will not share your Personal Information with third parties for marketing purposes unless you provide us with express consent to do so as set forth herein.  In the event that there is a sale, purchase, reorganization or transfer of the InfoMotion Website or some or all of the assets of InfoMotion to a third party (including, but not limited to, an affiliate of InfoMotion), InfoMotion reserves the right to assign and/or transfer all the rights and responsibilities of InfoMotion as set forth herein to such third party.

B.  Uses by InfoMotion
Subject to this Privacy Policy (including Section IV.B.) and applicable law, we may use your Personal Information, Performance Data, Biographical Material, and Non-Personal Information (and/or that of your son/daughter who is a Player) for our own marketing purposes, including sending you newsletters and notifying you of special promotions, offers and events via postal mail, e-mail, telephone, text message, and other means.
We may also use your Personal Information, Performance Data, Biographical Material and Non-Personal Information for non-marketing purposes. Some examples of such use include (1) setting up and maintaining one or more online InfoMotion registration accounts (including subaccounts that may be set-up for each child player of a Parent); (2) customizing your experience at the InfoMotion Website; and (3) responding to your inquiries or other communications.
InfoMotion expressly reserves the right to use Performance Data and Biographical Material (as long as it is not linked to the Personal Information of a specific Player) for any and all purposes, in its sole discretion such as conducting statistical or demographic analysis of Performance Data, Biographical Material, and other information, all of which may be shared with third parties.

C. Uses by Coaches and Program Administrators
We may share your Personal Information, Performance Data, Biographical Material, and Non-Personal Information (and/or that of your child who is a Player) with your/his/her past, present, or future Coach(es) and past, present or future Program Administrator(s) subject to the Terms of Use.  If you subsequently decide that you no longer want your Performance Data and Biographical Material (that is linked to your Personal Information) to be shared with such Coach or Program Administrator, you may opt-out of such sharing, going forward, by notifying us that you wish to terminate your registration and InfoMotion account(s) in accordance with Section IV.B. below.  However, if you terminate your registration and InfoMotion account, (i) such Coach or Program Administrator will still have access to the Performance Data, Biographical Material and Personal Information that was available to such Coach and Program Administrator prior to the date of termination; and (ii) you (or your child) will no longer be able to use the InfoMotion Ball unless you again register in accordance with these Terms of Use with the same, or a different Coach or Program Administrator.  In addition, such Coach and Program Administrator may still have access to the statistical and demographic analysis described in Section III.B.   We may share your Non-Personal Information for marketing (or other) purposes regardless of whether you provide us with consent to do so.
When we provide Personal Information to your Coach and/or Program Administrator, we require the Coach and Program Administrator to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided to him/her.

D. Sharing With Partners for Marketing Purposes
We may share your Personal Information with our selected business partners (“Partners”) for joint marketing efforts and/or for our Partners’ own marketing efforts (via postal service, e-mail, telephone, text message, and other means), as long as you provide us with express consent to do so.  If you subsequently decide that you no longer want us to share your Personal Information with one or more Partners for marketing purposes, you may opt-out of such sharing by notifying us in accordance with Section IV.B. below.  We may share your Non-Personal Information for marketing purposes with Partners regardless of whether you provide us with consent to do so.
When we provide Personal Information to our Partners, we require those Partners to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided to them. To determine how Partners use the Personal Information they collect directly from you, or about you, from sources other than us, please consult the privacy policies of our Partners.

E. Sharing With Other Third Parties for Non-Marketing Purposes
We may disclose Personal Information to other third parties for non-marketing purposes such as the following:
(1) in connection with a business transaction involving a sale, purchase, reorganization, or transfer to a third party of any of the assets of InfoMotion and/or the InfoMotion Website; and
(2) to comply with a court order, subpoena, search warrant, applicable legal requirements or other valid legal process.
When we provide Personal Information to third parties for such purposes, we require those third parties (to the extent permitted by law) to exercise reasonable care to protect your Personal Information and restrict the use of your Personal Information to the purposes for which it was provided to them.

IV. YOUR COMMUNICATION PREFERENCES
A. Establishing an Account(s)
We are committed to protecting the accuracy and confidentiality of your Personal Information and encourage you to tell us how you want us to communicate with you and let you know about special offers.  By creating an InfoMotion online account, you can view and update your Personal Information and choose your communication preferences.  You can select from communications preference options including direct mail, e-mail, telemarketing, and text messaging.

B. How to Opt-Out and Terminate Registration
If you wish to opt-out of receiving solicitations from us or do not want us to share your Personal Information with Partners for marketing purposes, you can opt-out by changing your account settings at:

http://216.134.194.241/94Fifty/MyAccount/

You can terminate your registration for your primary InfoMotion account and/or any or all subaccounts) by sending us an e-mail at support@94Fifty.com or writing to the above address.
Upon receipt of your opt-out or account termination request, InfoMotion will use reasonable efforts to implement such opt-out or account termination request.

V. SECURITY
Personal Information, Performance Data, Biographical Material, and other Non-Personal Information collected by InfoMotion and the InfoMotion Website are stored on secure servers. The secure servers are protected by firewalls and other industry standard security measures. However, no security system is impenetrable, and these systems could become accessible in the event of a security breach.
You are responsible for ensuring that the computers, electronic devices and electronic communication methods you use will provide adequate security for communicating with us. We are not responsible for the disclosure or interception of your information before we receive it.

VI. OTHER WEBSITES
We are not responsible for the information collection or privacy practices of other web sites, including web sites operated by our Partners. You should review and understand the privacy policies posted on any linked sites (or any other site) you visit before providing any Personal Information.