Privacy policy

BULLPEN SPORTS NETWORK, INC. PRIVACY POLICY
EFFECTIVE AS OF JUNE 15, 2020 AND LAST UPDATED ON NOVEMBER 16, 2023

In this Privacy Policy (“Policy”), we describe how Bullpen Sports Network, Inc. (d/b/a Wave Sports + Entertainment (“WSE”)) collects, uses, and discloses information that we obtain about visitors and contributors to our website www.wave.tv (the “Site”), the services available through our Site, including any related social media pages, and any other services or sites that link to this Policy (collectively, the “Services”).

By visiting the Site, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service, including its applicable limitations on damages and the resolution of disputes. The WSE Terms of Service (the “Terms”) are incorporated by reference into this Policy.

The Information We Collect About You

How We Use Your Information

How We Share Your Information

Our Use of Cookies and Other Tracking

Privacy Rights and Choices

Submission of User Generated Content

Third-Party Links

Security of My Personal Information

Retention

Children Under 16

Contact Us

Changes to this Policy

Notice to Users Located in Europe

International Data Transfers

The Information We Collect About You

We collect information about you directly from you and from third parties, and automatically through your use of our Site or Services.

Information We Collect Directly From You. The information we collect from you depends on how you use our Services. We collect personal information from you in the following ways:

  1. When you Submit Content: Name, social media handle, phone number, URL for content or video upload, country, age.
  2. When you Purchase Our Products: Name, address (e.g., billing and shipping), email address, payment information, and wireless telephone number (optional).
  3. General personal data submission: Name, email, phone number, social handles, portfolio URL.

Information We Collect From Other Entities. On occasion we may obtain personal information about you from third parties, such as the social media platforms on which we distribute our content, which we process to allow us to operate and improve the Services or market our Services.

Information We Collect Automatically. When you visit our Site or Services, we automatically collect information about your use of our Site and Services through cookies, web beacons, and other technologies, including technologies designed for mobile applications and devices (e.g., IP address, browser type, operating system, device name and model, site usage and navigation). To the extent permitted by applicable law, we combine this information with other information we collect about you, including your name, email, address, purchase history. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

How We Use Your Information:

We use your information, including your personal information, for the following purposes:

  • To provide our Services to you and to fulfill your orders.
  • To communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes.
  • To tailor the content and information that we may send or display to you, to personalize help and instructions, and to otherwise personalize your experiences while using the Services.
  • To send you direct marketing by email and SMS messaging about our products and services.
  • To send you news and newsletters.
  • To assist us in advertising on third party websites, mobile applications, and other online services, and to evaluate the success of our adverting campaigns through third party channels (including our online targeted advertising and offline promotional campaigns).
  • To analyze and improve the Service and promote our business. For example, we may create aggregated, de-identified or other anonymous data from personal information we collect by removing information that makes the data personally identifiable to you, and may share this information for marketing, advertising, research or similar purposes.
  • To better understand how users access and use our Services, both on an aggregated and individualized basis. For example, we will evaluate which features of our Site and Services are more (or least) used by users, and we will use this information.
  • For our own research and analytics purposes.
  • To administer our customer loyalty program.
  • To administer surveys and questionnaires, such as for market research or member satisfaction purposes.
  • To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
  • Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Service or this Privacy Policy.
  • Other purposes would include: (1) Filing reports to our investors and affiliates; and (2) Compliance with applicable laws.

How We Share Your Information

We may share your information, including personal information, as follows:

  • Service Providers. We disclose the information we collect from you to service providers, contractors or agents who perform functions on our behalf. These service providers include payment card processors, data analytics firms, web hosting and storage vendors.
  • Affiliates. We disclose the information we collect from you to our affiliates or subsidiaries.
  • Social Media Platforms (e.g., Facebook, Twitter, TikTok). Your username and profile picture will be visible to all other WSE users, regardless of whether they are your Facebook friends.
  • Company Users. Your username and any information that you post to our Site, including, without limitation, reviews, comments, and text will be available to, and searchable by, all users of the Site and Services.
  • Advertising partners. We may disclose personal information about you to our vendors to assist us with providing or marketing our Services to you, including as described in the “Our Use of Cookies and Other Tracking Mechanisms” section below.

We also disclose information in the following circumstances:

  • Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and third-party advisors, including attorneys and consultants.
  • In Response to Legal Process. We disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
  • To Protect Us and Others. We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.

Our Use of Cookies and Other Tracking Mechanisms

We and our third-party service providers use cookies and other tracking mechanisms such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “Cookies”) to track information about your use of our Site or Services. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf).

Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Service. We use the following types of cookies:

  • Essential Cookies: Essential Cookies are required for providing you with features or services that you have requested. For example, certain cookies enable you to log into secure areas of our Services. Disabling these cookies may make certain features and services unavailable.
  • Functionality Cookies: Functionality Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time, and recognize you when you return to our Services. These cookies help us to personalize our content for you, greet you by name, and remember your preferences (for example, your region).
  • Performance/Analytical Cookies: Performance/Analytical Cookies allow us to understand how users use our Services such as by collecting information on how often a user engages with a particular feature of the Services. We use these aggregated statistics internally to improve the Services, for example, in an effort to make the Services interesting to as many users as possible. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google, Inc. (“Google”) uses cookies in connection with its Google Analytics services. For more information on how Google uses this information, click here.
  • Marketing Cookies: Marketing Cookies collect data about your online activity and identify your interests so that we and our advertising partners can provide advertising that we believe is relevant to you. We may also share information about you with these companies to facilitate interest-based advertising to you or similar users on other online platforms. To learn more about the industry self-regulatory programs and other information and choices about interest-based ads, please see the section below entitled “Online tracking opt-outs.”

Online tracking opt-outs. There are a number of ways you can opt-out of certain interest-based advertising and other online tracking activities, which we have summarized below:

  • Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
  • Blocking advertising ID use in your mobile device settings. Your mobile devices may offer settings that enable you to make choices about the collection, use, or transfer of your advertising ID associated with your mobile device for interest-based advertising purposes.
  • Using privacy plug-ins or browsers. You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third party cookies/trackers. You can also opt out of Google Analytics by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout.
  • Platform opt out. Some third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, allow you to opt-out directly by using their opt-out tools. Some of these providers, and links to their opt-out tools, are:
  • Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:

Please note that some opt-out features are cookie-based, meaning that when you use these opt-out features, an “opt-out” cookie will be placed on your computer or other device indicating that you do not want to receive interest-based advertising from certain companies. If you delete your cookies, use a different browser, or use a different device, you will need to renew your opt-out choice.

Opting-out of interest-based advertising does not mean that you will no longer receive online ads. It only means that such ads will no longer be tailored to your specific viewing habits or interests. You may continue to see ads on and about the Services.

Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies).

Privacy Rights and Choices

Opt-out of marketing communications. You may opt out of marketing-related communications by following the opt-out or unsubscribe instructions in the communications you receive from us or by contacting us as provided in the “Contact Us” section below. You may continue to receive Services-related and other non-marketing emails.

Personal information requests. We offer you choices that affect how we handle the personal information that we control. Depending on your location and the nature of your interactions with our Services, you may request the following in relation to personal information:

  • Information about how we have collected and used personal information. We have made this information available to you without having to request it by including it in this Policy.
  • Access to a copy of the personal information that we have collected about you. Where applicable, we will provide the information in a portable, machine-readable, readily usable format.
  • Correction of personal information that is inaccurate or out of date.
  • Deletion of personal information that we no longer need to provide the Services or for other lawful purposes.
  • Withdrawal of consent, where we have collected and processed your personal information with your consent. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
  • Opt out of selling of your personal information or use of your information for interest-based advertising. We do not sell personal information. However, we use cookies and other tracking technologies to facilitate advertising as described above. To opt out of interest-based advertising, you can visit the “Online tracking opt-outs” section above.
  • Additional rights, such as to object to and request that we restrict our use of personal information.

To make a request, please email us or write to us as provided in the “Contact Us” section below. We may ask for specific information from you to help us confirm your identity. Depending on where you reside, you may be entitled to empower an authorized agent to submit requests on your behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws. You are entitled to exercise the rights described above free from discrimination.

Limits on your privacy rights and choices. In some instances, your choices may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. If you are not satisfied with how we address your request, you may submit a complaint by contacting us as provided in the “Contact Us” section below. Depending on where you reside, you may have the right to complain to a data protection regulator where you live or work, or where you feel a violation has occurred.

Submission of User Generated Content

You may submit content as directed on our Site and Services, including your comments, pictures, and any other information that you would like to make available through our Site or Services. Any content which is submitted may be made available to other users of the Site. We have terms and conditions of use which apply to all submissions of user content and are made available to you at the time of submission. If you do not accept our terms and conditions, we will not accept your submission of content.

Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

Security of My Personal Information

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.

Retention

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

Children Under 16

Our Site and Services are not designed for children under 16. If we discover that a child under 16 has provided us with personal information, we will delete such information from our systems.

Contact Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at privacy@wave.tv or contact us at our toll-free number (800) 771-6382.

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site and Services. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site and Services, or through email.

Notice to Users Located in Europe

This section of this Policy is applicable to our users located in the European Union, the European Economic Area or the United Kingdom (collectively, “Europe”).

Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

WSE is the controller of your personal information covered by this Policy for purposes of European data protection legislation.

VeraSafe has been appointed as WSE's representative in the European Union for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. If you are in the European Economic Area, VeraSafe can be contacted in addition to privacy@wave.tv, only on matters related to the processing of personal data. To make such an inquiry, please contact VeraSafe using this contact form: https://verasafe.com/public-resources/contactdata-protection-representative or via telephone at: +420 228 881 031.

Alternatively, VeraSafe can be contacted at:
VeraSafe Ireland Ltd.
Unit 3D North Point House
North Point Business Park
New Mallow Road
Cork T23AT2P
Ireland

VeraSafe has been appointed as WSE's representative in the United Kingdom for data protection matters, pursuant to Article 27 of the United Kingdom General Data Protection Regulation. If you are located within the United Kingdom, VeraSafe can be contacted in addition to or instead of privacy@wave.tv, only on matters related to the processing of personal data. To make such an inquiry, please contact VeraSafe using this contact form: https://verasafe.com/public-resources/contact-data-protection-representative or via telephone at: +44 (20) 4532 2003.

Alternatively, VeraSafe can be contacted at:
VeraSafe United Kingdom Ltd.
37 Albert Embankment
London SE1 7TL
United Kingdom

We use your personal information only as permitted by law. European data protection law sets out a list of justifications on which companies may rely to process personal data and requires companies to explain to consumers the specific justifications for the company’s data processing activities. Our legal bases for processing the personal information described in this Privacy Policy are described in the table below.

‍

Processing PurposeGDPR Legal Basis

Service delivery
Processing is necessary to perform the contract governing our provision of our Services or to take steps that you request prior to signing up for the Service. If we have not entered into a contract with you, we process your personal information based on our legitimate interest in providing the services you access and request.

Research and development / Compliance and protection
These activities constitute our legitimate interests. We do not use your personal information for these activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

Marketing and advertising
We process this data pursuant to our legitimate interests or with your consent.

We also process your personal information where necessary to comply with our legal obligations. If European users do not provide personal information to us, we may not be able to provide such users with certain features or functionalities of the Site and Services or information regarding the Site and Services.

We ask that you not provide us with any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services, or otherwise to us. If you provide us with any sensitive personal information when you use the Services, you must consent to our processing and use of such sensitive personal information in accordance with this Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our Services.

We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

European data protection laws give you certain rights regarding your personal information. Please view the “Privacy Rights and Choices” section above to learn how to exercise those rights.

International Data Transfers

To provide our services we will process your personal information in the United States for the purposes we have set out in this Privacy Policy. If such processing involves the transfer of personal information to the United States in a manner governed by European data protection law, the transfer will be performed pursuant to the applicable requirements of the law, such as standard contractual clauses, the individual’s consent, or in other circumstances permitted by European data protection law.