This Privacy Policy describes the policies and procedures of PowerIndexed, Inc. (“PowerIndexed,” “we,” “our” or “us”) on the collection, use and disclosure of your information on www.powerindexed.com (the “Site”) and the services, features, content or applications we offer (collectively with the Site, the “Services”). We receive information about you from various sources, including (i) if you register for the Site and the Services, through your user account on the Services (your “Account”), (ii) your use of the Services generally, and (iii) from third party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. Any terms used but not defined in this Privacy Policy have the meanings set forth in our Terms of Service.

1. INTRODUCTION

Thank you for visiting our Site. The intent and purpose of PowerIndexed is not to harvest data for the purposes of selling it to third parties, and PowerIndexed does not currently have ads, so we don’t collect data in order to advertise to you. The tracking we do and information we collect is to make the service work, and work as well as possible. With this in mind, this Privacy Policy covers the treatment of personally identifiable information (“Personal Information”) gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any Personal Information that our business partners share with us or that we may need to share with our business partners.

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services, and applications (“Third Party Services”) that you elect to access through the Service, including our Payment Processor, or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.

2. INFORMATION COLLECTION AND USE

We require certain information to provide our services to you. For example, you must have an account in order to upload or share content on PowerIndexed. When you choose to share the information needed to create an account with us, we collect and use it to operate our services. Currently, we do not require you to provide Personal Information in order to have access to the free posts, commentary, and analysis available on our Site. However, in order to provide you with some of the Site's services, you must create a profile and register. In addition, we may collect Feedback from you, including in connection with user submissions on the Site.

2.1 Account and User Information

You don’t have to create an account to use some of our service features, such as viewing public PowerIndexed profiles or posts. If you do choose to create an account, you must provide us with some information that could be Personal Information so that we can provide our services to you. This includes a display name, a username, a password, and an email address. Your display name and username are always public, but you can use either your real name or a pseudonym. You can also create and manage multiple PowerIndexed accounts, for example to provide rankings and odds for different leagues or categories.

Some features of the Services allow you to provide content to the Services, such as rankings, ratings, predictions, commentary, upvotes / downvotes, and written comments. All content submitted by you to the Services may be retained by us for the lifetime of your account.

Most activity on PowerIndexed is public, including your profile information, when you created your account, and the content and certain information about your Posts like the date and time of submission. You are responsible for your Posts and other information you provide through our services, and you should think carefully about what you provide, especially if it is sensitive information. If you update your public information on PowerIndexed, such as by updating or deleting a Post, we will reflect your updated content on the Site.

We may collect other information based on actions you take while using PowerIndexed, such as what pages you access and your interactions with our product features (like bookmarks, follows, and upvotes / downvotes). This information could include records of those interactions, your Internet Protocol address, information about your device (such as device or browser type), and referral information. We use this information to (i) provide, test, improve, promote and personalize the Services, (ii) fight spam and other forms of abuse, and (iii) generate aggregate non-identifying information about how people use the Services.

2.2 IP Address Information and Other Information Collected Automatically

We automatically receive and record information from your web browser when you interact with the Services, including your IP address and cookie information. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on).

Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.

2.3 Embeds by Third Parties

Some of the content that you see displayed on PowerIndexed is not hosted by us. These “embeds” are hosted by a third party and embedded in PowerIndexed. For example, YouTube videos or Twitter tweets that may appear in User profiles or team pages. These files send data to the hosted site just as if you were visiting that site directly. PowerIndexed does not control what data third parties collect in cases like this, or what they will do with it. So, third party embeds on PowerIndexed are not covered by this privacy policy. They are covered by the privacy policy of the third party service.

2.4 Tracking & Cookies

Cookies are pieces of text that may be provided to your computer through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit.

Our cookies do not, by themselves, contain Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are. We use cookies and similar technologies in various ways, for example to log you in, remember your preferences, evaluate email effectiveness, and personalize content and other information. PowerIndexed doesn’t track you across the Internet. We track only your interactions within PowerIndexed. Some Third Party Services that we use to provide the Service, such as Google Analytics, may place their own cookies in your browser.

Occasionally, you can use your Account on our Services to interact with your accounts on other services, such as Facebook or Twitter. You can access posting and sharing tools on the Services, including a “share” button that allows you to post information to your social networks outside of the Services (“Share”). For example, after posting on the Services, you can Share information about Posts with your Facebook friends or Twitter followers. By using these tools, you acknowledge that the Third Party Service that operates the tool may be collecting information about your browser or online activity through its own tracking technologies and subject to its own privacy policy. When you use these tools, some of your information from the Services may be shared with the Third Party Service and others.

This Privacy Policy covers use of cookies by PowerIndexed only and not the use of cookies by third parties. We encourage you to read the privacy policies and other policies of the social networks you use in connection with the Services.

2.5 Financial Information Collected

We do not currently collect financial information, such as your payment method (valid credit card number, type, expiration date or other financial information); that information is collected and stored by our third party payment processing company (the “Payment Processor”), and use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy. However, we may from time to time request and receive some of your financial information from our Payment Processor for the purposes of completing transactions you have initiated through the Services, enrolling you in discount, rebate, and other programs in which you elect to participate, protecting against or identifying possible fraudulent transactions, and otherwise as needed to manage our business.

2.6 Aggregate Information

We collect statistical information about how both unregistered and registered users, collectively, use the Services (“Aggregate Information”). Some of this information is derived from Personal Information, but this statistical information is not Personal Information and cannot be tied back to you, your Account or your web browser.

3. INFORMATION MANAGEMENT

The security and responsible management of your information is important to us. We partner with industry-leading Third Party Services to provide the technology to run PowerIndexed and employ industry-standard norms and means to protect, process, and store your data.

3.1 Data Security

Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account.

We use encryption (HTTPS) to protect data transmitted to and from the Site and seek to protect Account information to ensure that it is kept private. We otherwise store all of our information, including your IP address information, using industry-standard techniques.

We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. You use the Service at your own risk, and you’re responsible for taking reasonable measures to secure your account.

3.2 Data Storage and Processing

PowerIndexed uses third party vendors and hosting partners, such as Heroku, Cloudinary and Google for hardware, software, networking, storage, and related technology we need to run PowerIndexed. These third parties may have access to, or process, personal data as part of providing those services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such information.

3.3 Data Retention

PowerIndexed may retain your personal information for a period of time consistent with the original purpose of collection. For instance, we may retain your personal information during the time you have an account to use our Website or Services, or as agreed in our term agreements, and for a reasonable period of time thereafter. We also may retain your personal information during the period of time needed for PowerIndexed to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes, and enforce our agreements.

3.4 Cross-border Transfers

PowerIndexed is hosted in the United States. By using the Services, you authorize PowerIndexed to transfer, store, and use your information in the United States and any other country where we operate.

Please be aware that the privacy protections and legal requirements, including the rights of authorities to access your Personal Information, in some of these countries may not be equivalent to those in your country. If you are using the Services in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, you consent to the transfer of your Personal Information and other information to the United States and other countries where we and our service providers operate.

Where your data is disclosed to our processors, it is subject by contract to at least the same level of data protection as that set out in this statement.

4. EMAIL FROM POWERINDEXED

Sometimes we’ll send you emails about service changes, new policies, or your account for purposes important to the Services, such as password recovery. You can’t opt out of this type of “transactional” email (unless you delete your account). But, you can opt out of non-administrative emails such as digests, newsletters, and activity notifications through your account’s settings page.

When you interact with an email sent from PowerIndexed (such as opening an email or clicking on a particular link in an email), we may receive information about that interaction. For example, we may receive a confirmation when you open an email from us.

We won’t email you to ask for your password or other account information. If you receive such an email, please send it to us so we can investigate.

5. INFORMATION DISCLOSURE AND SHARING

PowerIndexed won’t sell or transfer information about you to third parties for the purpose of providing or facilitating third party advertising to you. We may share your account information with third parties in some circumstances, including (i) with your consent, (ii) to service providers such as PayPal, and other third parties we use to support our business, bound by contractual obligations to keep personal information confidential and use it only for the purposes we intend, (iii) with academic or non-profit researchers, with aggregation, anonymization, or pseudonomization, (iv) when we have a good faith belief it is required by law, such as pursuant to a subpoena or other legal process, or (v) when we have a good faith belief that doing so will help prevent imminent harm to PowerIndexed, our users, or others.

The Services are designed to help you share information with others. As a result, some of the information generated through the Services is shared publicly or with third parties. Consistent with the permissions you give us to collect the information, we may use the information we collect, including your personal information:

1. to ensure technical functionality of the Service, develop new products and services, and analyze your use of the Service, including your interaction with applications, products, and services that are made available, linked to, or offered through the Service;

2. to communicate with you for Service-related or research purposes including via emails, notifications, text messages, or other messages, which you agree to receive;

3. to communicate with you, either directly or through one of our partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us (e.g., through your account settings); in the preferences section, we inform you of the controls you can use to opt out from receiving certain messages;

4. to process your payment or prevent or detect fraud;

5. to create a list of actual and prospective users and subscribers for our products or Services;

6. to assemble statistics regarding the use of our Websites, product or Services;

7. to process your payment or prevent fraud and abuse detect fraud;

8. to comply with any legal or regulatory obligations;

9. to enforce this Privacy Policy, the Terms and Conditions of Use, and any other terms that you have agreed to, including to protect the rights, property, or safety of PowerIndexed, its users, or any other person, or the copyright-protected content of the Service; and

10. as otherwise stated in this Privacy Policy.

5.1 Information Shared Publicly

Some of your activity on and through the Services is public by default. This may include, but is not limited to, content you have posted publicly on the Site or otherwise through the Services.

Registered users may have some of this information associated with their Accounts. Unregistered users will not have this association, but information concerning their use of the Services (such as what pages they have visited) may be tracked anonymously through the use of cookies and stored by us.

User profile information including your display name, username, and other information you enter may be displayed to other users to facilitate user interaction within the Services. We will not directly reveal user email addresses to other users.

Please also remember that if you choose to provide Personal Information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.

5.2 Information You Elect to Share

You may access other Third Party Services through the Services, for example by clicking on links to those Third Party Services from within the Site. For example, you may elect to share Personal Information with our Payment Processor for the purposes of processing payments for a hosting subscription. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies. This Privacy Policy only governs information collected on the Services.

You may elect to share your information with other PowerIndexed users through the Services. We strongly advise you to use the utmost caution before sharing any Personal Information with others, including users. You should not, under any circumstances, provide your financial information (for example, credit card or bank account numbers) to other individuals.

5.3 Information Shared with Our Agents

We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.

5.4 Information Disclosed Pursuant to Business Transfers

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

5.5 Information Disclosed for Our Protection and the Protection of Others

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users, and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

5.6 Information We Share With Your Consent

Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

5.7 Non-Personally Identifiable Information

We may make certain automatically-collected, aggregated, or otherwise non-personally identifiable information available to third parties and other persons with whom we conduct business for various purposes, including (i) compliance with various reporting obligations, (ii) for business or marketing purposes, or (iii) to assist such parties in understanding our Clients’, Users’ and Visitors’ interests, habits, and usage patterns for certain programs, content, services, and/or functionality available through the Service. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.

6. USER RIGHTS AND CHOICES

You can use many of the features of the Services without registering, thereby limiting the type of information that we collect. You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our features.

You can delete your Account. Please note that we may need to verify that you have the authority to delete the Account, and activity generated prior to deletion will remain stored by us and may be publicly accessible.

6.1 Right To Access Or Correct Personal Information

You have the right to access and correct your personal information. If you want to review or correct your personal information, you can login to the appropriate Website or Service and visit your account profile page, or you may send us an email at admin@powerindexed.com. Registered and unregistered users can access and delete cookies through their web browser settings.

6.2 Right To Delete Personal Information (“Right To Be Forgotten”)

If PowerIndexed processes your personal information, you have the right to request deletion of personal information we hold about you and we have the obligation to erase your personal information, where (i) the personal information is no longer necessary in relation to the purposes for which it was collected or otherwise processed, (ii) you withdraw consent on which the processing is based and where there is no other legal ground for the processing, (iii) you object to the processing and there are no overriding legitimate grounds for the processing, (iv) the personal information has been unlawfully processed, or (v) the personal information has to be erased for compliance with a legal obligation, such as the European Union or other Member State, law to which PowerIndexed is subject.

To protect information from accidental or malicious destruction, we may maintain residual copies for a brief time period. But, if you delete your account, your information and content will be unrecoverable after that time. PowerIndexed may preserve and maintain copies of your information when required to do so by law. Given the nature of sharing on the Services, public activity on your Account prior to deletion may remain stored on servers of third parties and accessible to the public.

6.3 Right To Data Portability

You have the right to receive or transfer a copy of your personal information, where we are relying upon your consent or the fact that the processing is necessary for the performance of a contract to which you are party as the legal basis for the processing, and personal information is processed by automatic means. This copy will be provided to you in a common machine-readable format.

If you want to request a copy of your personal information, send us an email at admin@powerindexed.com.

7. ADDITIONAL INFORMATION

7.1 Children and Our Services

Our services are not directed to children, and you may not use our services if you are under the age of 13. You must also be old enough to consent to the processing of your personal data in your country (in some countries we may allow your parent or guardian to do so on your behalf).

7.2 Changes to this Policy

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we collect or use information, we will notify you by posting an announcement on the Services or sending you an email. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.

7.3 Questions and Contact

If you have any questions or concerns regarding privacy using the Services, or would like to provide feedback about this policy, please send us a detailed message to admin@powerindexed.com. We will make every effort to address and/or resolve your concerns.

PowerIndexed 303 Spring Street New York, NY 10013

Effective Date: 2/1/2019