Privacy

MockOut, Inc. Privacy Statement

I. Scope of this Privacy Statement

This Privacy Statement describes the types of personal information MockOut, Inc. (“MockOut,” “us,” “we” or “our”) collects through www.mockout.com (the “Site”) and our web-based application (the “Application”, and together with the Site, the “Services”), and how we collect, use, and share that information.  This Privacy Statement does not govern our collection of personal information through any website or other means, other than through the Services.

By using the Services, you explicitly accept, without limitation or qualification, our practices surrounding the collection, use, and sharing of personal information provided by you in the manner described in this Privacy Statement.  If you do not agree with the terms of this Privacy Statement, please do not access, browse, or use the Services.

II. Personal Information We Collect

 A. Information You Give Us

You do not have to give us any personal information to browse the Services.  However, you may be asked to provide personal information to submit or request information from us, or to use the Services.  Once you provide us with personal information about you, you are no longer anonymous to us.  This information may include:

  • Registration information. When you sign up for the Services, you may be required to provide information such as your name, password, email address, age, date of birth, gender and location of your primary residence
  •  Profile Information. You may choose to provide us with profile information, such as your picture, personal bio, interests, news feed, posts and other comments, phone number, physical address, email address, and links to other websites.  By default, this information will be made public to users of the Services.  Please see Section VI.B for information about how to manage the information you share through the Services. 
  • Payment Information. To deposit or withdraw funds from the Services may require us to collect all necessary information to complete the transaction, including your payment card number, expiration date of your credit card, CVV, credit card type and billing name and address.
  • Mobile Device Information. We may collect your phone number and unique device ID number if you sign in to and use our Site on a mobile application or using a mobile browser.
  • Additional Information. Additional information that you provide to us, including through comments and feedback, and emails.

We may offer promotional items or prizes from time to time (please see our Terms of Use, available at www.mockout.com/terms, for more information).  In order to participate in a promotion and/or contest or to claim a prize, you may be required to provide us with certain information, including without limitation you full name, age, physical address, email address, phone number, state or federal tax information, profile information, or any other information that we may require you to submit to claim your prize.

B. Automated Information Collection

We may collect certain information about your use of the Services through the use of tracking technologies or by other passive means.  We may use Google Analytics to help us collect and analyze this information.  This “passively collected” information includes, but is not limited to, the domain name of the website that allowed you to navigate to the Services, search engines used, the internet protocol (IP) address used, the length of time spent on the Services, the pages you looked at on the Services, other websites you visited before and after visiting the Services, the type of internet browser you have, the frequency of your visits to the Services, and other relevant statistics, including the following:

  • Log Information. When you access the Services, our servers automatically record information that your browser or mobile device sends whenever you visit a website. These server logs may include information such as your web request, internet protocol (“IP”) address (or the proxy server you use to access the Internet), browser type, browser language, the date and time of your request, your computer operating system, mobile device and mobile operating system, name of your internet service provider or your mobile carrier, and one or more cookies (small text files containing a string of characters) that may uniquely identify your browser.
  • Links. The Services may include links in a format that enables us to keep track of whether these links have been followed by IP addresses.  We use this information to improve the quality of our products and design.
  • URLs. When you visit or access the Services, we automatically receive the URL of the site from which you came and the site to which you are going when you leave the Services.  Additionally, advertisers receive the URL of the page you were on when you click on an ad on the Services.
  • Cookies. When you visit or access the Services, we send one or more cookies (small text files containing a string of characters) to your computer that uniquely identifies your browser.  We use cookies to improve the quality of the Services by storing user preferences and tracking user trends.  Most web browsers accept cookies automatically, but can be configured not to do so or to notify the user when a cookie is being sent.  If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies.  Please note that if you disable cookies, you may not be able to use some customized features available through the Services.
  • Web Beacons. Web beacons (also known as “pixel tags” or “clear GIFs”) are 1×1 single-pixel graphics that allow us to count the number of users who have visited or accessed the Services and to recognize users by accessing our cookies.  We may employ web beacons to facilitate Services administration and navigation, to track the actions of users of the Services, to compile aggregate statistics about Services usage and response rates, and to provide an enhanced online experience for visitors to the Services.  We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened.
  • Third Party Analytics. We may use third party services providers such as Google Analytics to help analyze how our Services are being utilized by users. These companies use cookies to collect information such a frequency, duration, and specific location of visits, as well as what sites were visited before and after ours. This policy does not apply to, and we are not responsible for, cookies or web beacons provided by third parties.
  • Aggregate Information. We may compile certain personal information and other information collected through the Services on an aggregate basis.  This information may include, without limitation, the number of people who have visited the Services and other user demographics.  Such aggregate information does not identify you individually

C. User-Generated Competition Statistics

When you participate in a MockOut competition on via the Services, we may collect and measure the strategic decisions you make, in real time. All competition data will be aggregated (such aggregate information does not identify you individually) and interpreted in various ways, including but not limited to:

  • Personal use: in modeling and tracking the accuracy over time of mass predictive competitions;
  • Historical tracking of prospect values: attempting to establish a correlation between pre-draft value and future success;
  • Public use: offering our users free and/or subscription-based access to our live data, for use in predictive events,
  • Public use: offering our users free and/or subscription-based access to our historical data, for use in current and future predictive events.

III. How We Use Personal Information

Personal information collected through the Services may be used by us and our affiliates for purposes of:

  • Administering your account and otherwise providing the services you select through the Services;
  • Responding to your questions and feedback;
  • Providing the services you select through this Services;
  • Contacting you, whether by email, postal mail, or telephone with information about this Services, our products, or our services;
  • For such purposes as you may authorize at the time you submit the information;
  • Auditing, research, and analysis to maintain, protect, and improve this Services and our services;
  • Ensuring the technical functions of our network;
  • Improving and customizing the content and layout of the Services;
  • Delivering customized or personalized content, information or advertising to you;
  • Developing new products and services; or
  • Compiling personal information and other information collected through the Services on an aggregate basis.

IV. Personal Information We Share

We do not sell, rent, trade, or otherwise share personal information collected through the Services, except as described below:

  • In Connection with our Offerings. The Services involves the sharing of certain personal information collected through the Services with (i) other users of the Services (including the information described in Section II.C), and (ii) as you otherwise provide your consent.  Information which you upload, post, e-mail, submit or otherwise transmit in connection with the Services to a public message board, chat area or other public area of the Services will be made public to users of the Services, including certain metadata related to such activities (such as timestamps).

    You are solely responsible for any such information you choose to post on or through the Services.  All information that is posted to a message board, chat area, or other public area of the Services may be shared by us with others.

  • Subsidiaries and Affiliates. We may share personal information with our subsidiaries and affiliates for the purposes for which you provided the information or as reasonably necessary for our internal administrative and business purposes.
  • Service Providers. We work with third parties that provide services on our behalf.  Such services may include website hosting, marketing, website usage analytics and monitoring and maintaining the Services.  We may share personal information and non-personal information with these third parties for the purpose of enabling them to provide these services.  We do not bear any responsibility for any actions or policies of such third parties.
  • Google Analytics. We may use Google Analytics to gather statistics on portions of the Services. We may use the information gathered to improve web services. According to Google, Google Analytics employs cookies to define user sessions, which allows for the collection of important data about how users use the Services.  Google Analytics uses only first-party cookies for data analysis.  This means that the cookies are linked to the Site’s website domain(s), and Google Analytics will only use that cookie data for statistical analysis related to your browsing behavior through the Site. According to Google, the data collected cannot be altered or retrieved by services from other domains.  If you choose, you can opt out by turning off cookies in the preferences settings in your browser.  For more information on Google Analytics, please visit Google’s web site.
  • Consent. We may share personal information in accordance with any consent you provide.
  • Required by Law. We may disclose personal information or any information collected through the Services if we are required to do so by law or pursuant to legal process, in response to a request from government officials or law enforcement authorities, or as necessary or appropriate in connection with an investigation of illegal activity.
  • Certain Transactions. We may disclose or transfer personal information or any information collected through the Services to third parties who acquire all or a portion of our business, whether such acquisition is by way of merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us. 
  • Non-Personal Information. We may share with third parties certain pieces of aggregated, non-personal information, such as the number of people who visited or accessed the Services, the number of profiles created by users of the Services, survey and rating information and other feedback provided by users of the Services.  Such information does not identify you individually.

V. Aggregate Information

We may compile personal information and other information collected through the Services on an aggregate basis.  This information may include, without limitation, the number of users who have registered for the Services, demographic information about users of the Services, the information described in Section II.C, and individual purchase preferences.  Such aggregate information does not identify you individually.  We may use aggregate information and share aggregate information with third parties for any of the purposes specified in this Privacy Statement, and for any other lawful purpose.

VI. Your Choices

A. Information You Provide

You can always choose whether or not to provide information on the Services.  However, if you choose not to disclose certain information, you may not be able to register as a user of the Services, which may limit your access to certain portions of the Services.  Certain portions of your profile information may be visible to other users of the Services.  By default, the following types of information that you choose to submit will be visible to other users of the Services: username.   You may change your account settings to limit what information can be viewed by other users of the Services by adjusting the information visible by other users of the Services.  To change this visibility, go to the “Manage Profile” link on your profile page.

B. Communications From Us

If at any time you decide that you no longer wish to receive notices from us regarding the Services, you may indicate this preference by contacting us at support@mockout.com.

C. Do Not Track

Our Services do not honor “do not track” signals or other mechanisms.  However, as described in more detail in Section II.B of this Privacy Statement, you can configure your browser not to accept cookies or to notify you when a cookie is being sent.

VII. Information Storage and Security

We employ reasonable security precautions to protect personal information about you.  The Services are operated from a secure environment with integrated security measures to help protect against the loss, misuse, and alteration of personal information provided on or through the Services. However, no method of transmitting or storing data is completely secure.  As a result, although we strive to protect personal information about you, we cannot guarantee the security of any information you transmit to us through or in connection with the Services.  If you have reason to believe that personal information is no longer secure, please notify us immediately by contacting us in accordance with the last section below.

VIII. A Special Note about Persons under the Age of 18

Persons under the age of 18 are not eligible to use the Services, and shall not submit any personal information to us.

IX. External Links

The Services may contain links to various websites that we do not control.  When you click on one of these links, you will no longer be transacting business through the Services.  Third party websites maintain their own privacy policies, and we do not exercise any control over any of the third party websites that may be linked to the Services.  If you visit a website that is linked to the Services, you should consult that website’s privacy policy before providing any personal information.  Please be aware that we are not responsible for the privacy practices of such other websites, and we are not liable for their misuse of personal information about you.

X. Special Admonitions for International Use

The Services are hosted in the United States and are intended for use by residents of the United States of America only.  All matters relating to the Services are governed exclusively by the laws of the State of North Carolina in the United States of America and not the jurisdiction in which you are located.  If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.

XI. Updates to this Privacy Statement

We may change or update the Services or any of our policies and procedures without prior notice.  We will post a notice on the Services to advise you of any significant changes to this Privacy Statement and indicate via the “Last Updated” legend at the bottom of this Privacy Statement when it was most recently updated.  Your continued use of the Services signifies your continued assent to the terms of this Privacy Statement, as updated or amended at that time.

XII. Questions Regarding this Privacy Statement

If you have any questions or comments regarding this Privacy Statement, please send us an email at support@mockout.com.

This Privacy Statement is effective as of June 11, 2016.

Last Updated:  June 12, 2016.