European Sports Privacy Policy

I. Scope of This Privacy Policy

This Privacy Policy describes the personal data processing that European Sports, LLC (“European Sports”, or “ES” or “we”, “us” or “our”) conducts, acting as a controller, through our website (i.e.,www.europeansports.com) (the “Site”).

We may change or update the Sites or any of our policies and procedures, including this Privacy Policy, without prior notice.

II. Information We Collect

A. Information You Give Us

We may collect the following categories of personal data about you when you use the Sites:

  • Registration Information: If you sign up for an account on any of the Sites, you will be asked to provide information such as your name, username, password, email address and birthday (day and month only), or, if you choose to connect via a third-party social network, your login information for such third-party social network.

  • Payment Information: If you purchase products or services through the Sites, you will be asked to provide payment card information so that we may process your transaction, including the cardholder’s name, payment card number, CVV number, payment card expiration date, billing address, shipping address, and the recipient’s name, telephone number, and email address.

  • Team Information: If you register through our Teams Pages or create a team page on the Sites, you will be asked to provide your school, team name, logo, the first and last name of each team member, and each player’s jersey number. This information may be made public on the Sites in the format of a team roster.

  • ES Family Loyalty Member Program Information: If you register as an ES Family Member, you will be asked to provide your contact information, gender, birthday (day and month only), customer type (i.e., coach, player, or parent), state of residence, school you attend, team you belong to, language preference, favorite national team, favorite professional team, and favorite professional player. Your ES Family Member profile will not be made public on the Sites. The ES Family Member loyalty program may be deemed a “financial incentive” or “price or service difference” under the California Privacy Rights Act (“CPRA”). For more information, please see our Notice of Financial Incentive.

  • Product Reviews and User Testimonials: You may choose to provide us with responses to surveys, questionnaires, product reviews, and user testimonials, including pictures that you submit to the Sites in connection with the product review. This information may be made public to users of the Sites and other third parties, with your consent where required by applicable law.

  • Additional Information: Additional information that you provide to us, including through feedback, contact us forms, customer service phone calls (which may be recorded for quality assurance purposes, with your consent where required by applicable law), messages, emails, mail, posts to public discussion boards, or otherwise.

B. Information We Collect Automatically

We collect certain information about your use of the Sites through the use of tracking technologies or by other passive means, with your consent where required by applicable law, including the following:

  • Website Usage Information: We use analytics applications, including Google Analytics, to help collect and analyze certain information, including: the domain name of the website that allowed you to navigate to the Sites, search engines used, the length of time spent on the Sites, the pages you looked at on the Sites, the frequency of your visits to the Sites, and other relevant statistics. We also collect information automatically using our servers, formatted links, web beacons, pixels, and other similar technology. This information includes your web request, IP address, browser type, browser language, the date and time of your request, your computer operating system, mobile device and mobile operating system, and your navigation of our site.

  • Cookies: When you visit or access the Sites, we send one or more cookies (small text files containing a string of characters), or similar trackers, to your computer that uniquely identifies your browser. We use cookies to improve the quality of the Sites by storing user preferences and tracking user trends. Most web browsers can be configured not to accept cookies or to notify the user when a cookie is being sent.

  • Please note that if you disable certain cookies, you may not be able to use some customized features available through the Sites.

III. HOW WE USE PERSONAL DATA

We may use the personal data collected about you through the Sites for the following purposes:

  • Provide Our Products and Services: To manage your account, process your order, provide the products and services you select through the Sites, send you communications related to your order, and administer our ES Family Member loyalty program.

  • Administer Sweepstakes, Contests, and Other Promotions: To manage your participation in a sweepstake, contest, or other promotion. These promotions may be deemed a “financial incentive” or “price or service difference” under the CPRA. For more information, please see our Notice of Financial Incentive.

  • Improve Our Products and Services: To improve our existing products and services, develop new products and services, and increase customer satisfaction.

  • Website Administration and Development: To maintain, protect, and improve the Sites, ensure the technical functions of our network, and improve and customize the content and layout of the Sites.

  • Communications: To contact you, whether by email, postal mail, direct message, social media, or telephone with information about the Sites, your account, our products or services, changes to our policies and terms, and to respond to your questions and feedback.

  • Marketing and Advertising: To send you advertising, including updates on our products and sales, and other promotional materials. We conduct promotional campaigns by email and text, with your consent where required by applicable law. We use Google Analytics to keep track of user interaction with the Sites in order to better understand and optimize web usage, obtain business and market research, measure conversion tracking, and optimize the effectiveness of our advertising campaigns, with your consent where required by applicable law. For information on how Google uses your information when you use the Sites, click here. We may also work with other third parties for analytics and advertising purposes.

  • Legal Reasons: To comply with applicable law, respond to valid legal process, participate in legal proceedings, including litigation and civil discovery, respond to a request from the government or law enforcement authorities, investigate potential fraud or illegal activity, or enforce or investigate potential violations of this Privacy Policy, our Terms of Use, or our other policies.

  • Otherwise, With Your Consent: We may also use your personal data for any other purposes that you authorize.

IV. PERSONAL DATA WE SHARE

We may share or make available personal data collected through the Sites as described below, with your consent where required by applicable law:

  • In Connection with our Offerings: Information that you upload, post, e-mail, submit or otherwise transmit in connection with the Sites to a public message board, chat area or other public area of the Sites may be made public to users of the Sites, 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 Sites.

  • Interest Based Advertising and Tracking: We may participate in Interest-based and behavioral advertising. This means that you may see advertising on the Sites tailored to how you engage, browse or shop, or you may see advertising for us on other websites, applications and social media based on your behavior across websites, applications and social media. We may target ads based on data we have collected, or data provided by third parties alone or in combination with the data we collect ourselves. If you choose to interact with specific third parties who advertise through the Sites, the information you provide to them is subject to the conditions of their specific privacy policies.

  • Service Providers: We work with third parties that provide services on our behalf. Such services may include payment processing, website usage analytics, website hosting, marketing, and order fulfillment. We may share your personal data with such third parties to enable them to provide such services.

  • Subsidiaries and Affiliates: We may share your personal data 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.

  • Third-Party Promotions: We may share your personal data with third parties in connection with administering or redeeming value in connection with surveys, sweepstakes, contests or promotions as required by law. You will be provided with information about this sharing at the time that you engage with the promotion, and your consent to this sharing will be requested when you provide information to us for these purposes.

  • For Legal Reasons: We may disclose your personal data to comply with applicable law, respond to valid legal process, participate in legal proceedings, including litigation and civil discovery, respond to a request from the government or law enforcement authorities, investigate potential fraud or illegal activity, or enforce or investigate potential violations of this Privacy Policy, our Terms of Use, or our other policies, or any other claim or defense.

  • Change of Control Transactions: We may disclose or transfer personal data or any information collected through the Sites 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.

  • Otherwise, With Your Consent: We may otherwise share your personal data with your authorization.

V. Data Retention

We retain personal data for no longer than necessary to fulfill the purposes described in this Privacy Policy. If you are outside the EEA, the UK or Switzerland, we may retain personal data longer if a longer retention period is permitted or required by law.

We use the following criteria to determine our retention periods:

  • Your relationship with us;

  • Your choices regarding your personal data;

  • Our legal obligations (e.g., transaction data records must be kept for a certain period of time before we can delete them); and

  • Our legal position, such as our need to potentially enforce our agreements, resolve disputes, enforce applicable statutes of limitations, participate in litigation, or respond to regulatory investigations.

If you are in the EEA, the UK or Switzerland and wish to know more about European Sports’ retention policy and retention periods that apply to your personal data, please send a request using the contact details specified at the end of this Privacy Policy.

VI. Children

The Sites are not intended for use by or directed towards children under the age of 16, we do not intentionally gather information from children under the age of 16, and we ask that children under the age of 16 not submit any personal data to us.

VII. External Links

The Sites 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 Sites. 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 on the Sites. If you visit a website that is linked to on the Sites, you should consult that website’s privacy policy before providing any personal data. 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 your personal data.

VIII. European and Other Non-U.S. Data Subject Specific Information

If you are in the European Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland, you have various rights in relation to the processing of your personal data, depending on the relevant situation:

  • Right of Access. You have the right to request confirmation as to whether or not your personal data is being processed by European Sports and, where that is the case, the right to receive a copy of it;

  • Right to rectification. You have the right to request the rectification of your personal data if you find that it is inaccurate or incomplete;

  • Right to erasure. You have the right to request the erasure of your personal data. This right can only be exercised in certain cases, for example, personal data that is no longer necessary for the purposes for which we collected it or that has been unlawfully processed;

  • Right to restriction. You have the right to obtain the restriction of processing of your personal data in certain cases, for example, when you dispute the accuracy of your personal data. This right does not give rise to data erasure;

  • Right to data portability. You have the right to receive a copy of your personal data provided to us, in an interoperable format;

  • Right to object. You have the right to object to the processing of your personal data. This means that you can ask us to stop processing your personal data. For example, you can object to the processing of your personal data for marketing communications.

In order to exercise any of your rights, or if you have any other questions about our use of your personal data, please send a request using the contact details specified at the end of this Privacy Policy. Please note that we may request that you provide us with additional information in order to confirm your identity.

In any case, you also have the right to lodge a complaint with the competent data protection authority, in particular in the country of your habitual residence, place of work or place of an alleged infringement if you consider that the processing of your personal data carried out by us infringes the applicable privacy laws.

How We Use Personal Data and Our Legal Bases

We only use the personal data collected through our Sites for the purposes outlined below and pursuant to the following legal bases when we process personal data about individuals in the in EEA, the UK or Switzerland.

  • Processing necessary for the performance of the contract. We process your personal data for the management of our relationship on the basis of the contract entered into between European Sports and you in order to: provide you with products and services; manage your account; process your order, including the payments you make via the Sites; send you communications related to the Sites, your account or your order; provide you with customer support; administer our ES Family Member loyalty program; and manage your participation in a sweepstake, contest, or other promotion.

  • Processing relying on legitimate interests. We rely on our legitimate interests in order to: improve our existing products and services, develop new products and services, and increase customer satisfaction; protect and improve the Sites, ensure the technical functions of our network, and improve and customize the content and layout of the Sites; prevent fraudulent transactions on our Sites; send you marketing communications regarding products and services similar to our products and services, when consent is not required under applicable law for that purpose; comply with non-EEA laws, as relevant; and establish, exercise or defend legal claims, including to respond to valid legal process, participate in legal proceedings, including litigation and civil discovery, respond to a request from the public or law enforcement authorities, investigate potential fraud or illegal activity, enforce or investigate potential violations of this Privacy Policy, our Terms of Use, or our other policies, and protect or defend your rights, property or security or ours. If you wish to obtain further details regarding our legitimate interests, please contact us by sending a request using the contact details specified at the end of this Privacy Policy.

  • Processing relying on your consent. We rely on your prior consent in order to: send you marketing communications by email, including updates on our products and services or those of our partners as specified on the relevant consent form, and other promotional materials, including invites to events, unless the consent is not required under applicable laws; and store cookies on your device. In this regard, please note that you have the right to withdraw your consent at any time (without affecting the processing previously carried out) by sending a request using the contact details specified at the end of this Privacy Policy, or by changing your cookie preferences using our cookie management tool.

  • Processing relying on legal obligation. We process your personal data to comply with applicable law and legal obligations to which we are subject, namely tax, accounting and privacy relates laws and regulations.

International Data Transfers

As European Sports is located in the United States, your personal data needs to be transferred to the United States for the purposes set forth in this Privacy Policy.

Additionally, when we share your personal data with the entities mentioned above, it may imply transfers of your personal data outside of the EEA, the UK or Switzerland, including in the United States. Certain countries outside the EEA have been approved by the European Commission as providing adequate protection and therefore no additional safeguards are required to export personal data to these countries. In countries that have not been certified as providing adequate protection, these international transfers are carried out in the framework of the Standard Contractual Clauses adopted by the European Commission (as amended by the UK Addendum or the Swiss Addendum, where relevant).

If you wish to obtain further details regarding such safeguards, please contact us by sending a request using the contact details specified at the end of this Privacy Policy.

IX. U.S. State-Specific Privacy Rights

If you are a California or Virginia resident, you may have various rights in relation to the processing of your personal data under the California Consumer Privacy Act of 2018 (the “CCPA”) and the California Privacy Rights Act of 2020 (the “CPRA”); and the Virginia Consumer Data Protection Act (the “VCDPA”), as set forth below:

  • Right to transparency. We must notify you of the categories of personal data we collect, the purposes for which such categories of personal data are collected or used, whether such personal data is sold or shared, and the length of time we intend to retain each such category of personal data, or if that is not possible, the criteria we used to determine that period, among other information. Please read this Privacy Policy, as well as any other terms provided to you at or before the collection of personal data, carefully, as they contain such information.

  • Right to access / know the categories and specific pieces of personal data about you that we have collected, the categories of sources from which we have collected personal data about you, our business purposes for collecting personal data about you, and the categories of third parties with whom we have shared personal data about you.

  • Right to correct any incomplete or inaccurate personal data about you that we process.

  • Right to delete any personal data about you that we process, subject to certain circumstances.

  • Right to data portability. You may have the right to obtain the personal data about you that we have collected in a portable and, to the extent technically feasible, readily usable format.

  • Right to opt out of processing (targeted advertising, sale, sharing, and profiling). You may have the right to opt out of the processing of personal data about you for purposes of: (A) targeted advertising; (B) the “sale” of personal data or “sharing” of personal data for cross-context behavioral advertising; and/or (C) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. We do not sell personal data to third parties in the traditional sense (i.e., for money). However, we do share certain information with third parties (i.e., Google Analytics) through third-party trackers placed on the Sites for statistical analytics and advertising purposes, which may be considered a “sale” under the CCPA, CPRA, and/or VCDPA. ou may opt out by emailing customerservice@europeansports.com

We will not discriminate against you for exercising any of these rights.

To exercise your rights, please email your request to customerservice@europeansports.com.

We will acknowledge your request within 10 business days, and either provide a substantive response or notify you of an extension period (up to an additional 45 calendar days) and reason therefore within 45 calendar days.

If you are a Virginia resident and we deny your request, you may appeal our decision by emailing your request to customerservice@europeansports.com. Within 60 calendar days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decision. If the appeal is denied, we will also provide you with an online mechanism, if available, or other method through which you may contact the Virginia Attorney General to submit a complaint.

Only you or an authorized agent may make a request related to your personal data. In order to respond to your requests, we must verify your identity. We may do so by requiring you to log in to your account, provide additional information, and/or give a declaration as to your identity under penalty of perjury.

California’s Shine the Line Law

California’s “Shine the Light” law (California Civil Code Section 1798.83) permits California residents to request, and obtain from us, annually and free of charge, information about the disclosure (if any) of their personal data to third parties for such third parties’ direct marketing purposes in the previous calendar year. We do not share personal data with third parties for such purposes.

X. Notice of Financial Incentive

This Notice of Financial Incentive includes an explanation of our programs that may be considered financial incentives under applicable law, such as the CCPA/CPRA. The details of individual financial incentives are explained and described during the sign-up process and are voluntary.

We offer three main categories of incentives in exchange for personal data: (1) promotions, such as one-time or limited time discounts, (2) our ES Family Member reward/discount program, and (3) sweepstakes. Promotions typically consist of a percentage discount code to be applied to a single purchase in exchange for an email address or a telephone number. ES Family Members receive discounts on most merchandise, accumulate points on purchases and earn vouchers, access promotions and give-aways, and may be privy to new products and limited releases before the general public. As part of the ES Family Member program we collect your name, address, email address, and phone number in conjunction with signing up for an account. For more information on how to sign-up, please contact us at customerservice@europeansports.com.

The incentives described above are not directly equivalent to a set value based on specific elements of personal data, but are calculated using the following principles:

  • Most consumers first encounter us online and offering an incentive provides a unique opportunity for them to explore our products.

  • Most of our marketing and advertising is online, and email is a key way to reach consumers in an expected manner with an embedded method to opt out.

  • Factors affecting discounts include performance targets, geographic location, seasonality, and market trends.

Participation in our incentive programs is voluntary, and you may withdraw at any time by contacting us at customerservice@europeansports.com.

XI. Requests Regarding this Privacy Policy

If you have any requests, questions or comments regarding this Privacy Policy, please contact us at:

Attn: Privacy
European Sports, LLC
830a E. Golf Road
Schaumburg, IL 60173 U.S.A.

Email: customerservice@europeansports.com

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