Privacy Policy

Privacy Policy

Last Updated: January 1, 2020

Please note that the practices of Battle Sports, LLC, with respect to data collected and used by Battle Sports, LLC in connection with this website (the “Site”) are governed by this privacy policy (“Privacy Policy”) as amended from time to time, and not the privacy policy in effect at the time the data was collected. This Privacy Policy sets forth the nature, purpose, use and sharing of any information that identifies or can be used to identify you that Battle Sports, LLC collects on the Site. Personal Information does not include any information that Battle Sports, LLC uses to identify you in its system, such as your username. Except as otherwise expressly provided herein, this Privacy Policy does not govern privacy practices associated with offline activities, activities that occur in any Battle Sports, LLC store, websites other than the Site, or practices of third parties that we do not own or control, such as our partners, third party service providers featured on the Site, or advertisers. If you have objections to the Privacy Policy, you should immediately discontinue use of the Site.

The Site is intended for adult audiences only, and Battle Sports, LLC does not knowingly collect any Personal Information from anyone under 13 years of age. If you are under age 13, please do not attempt to register for the Site or provide any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any Personal Information from a child under the age of 13, please contact us immediately.

The Site may contain or provide links to other sites at which Personal Information is collected. Additionally, you may be able to access the Site from other sites or through other applications or devices on which you will be required to provide Personal Information. In such instances, unless expressly provided to the contrary, the collection and use of your Personal Information will be governed by the privacy policy applicable to each site, application or device. That privacy policy should identify the entity that is collecting your Personal Information.

Changes in Privacy Policy

Except as otherwise expressly provided herein, any Personal Information that we collect and maintain will be subject to this Privacy Policy, as amended from time to time. Battle Sports, LLC may change the Privacy Policy from time to time at its sole discretion or in response and for the purpose of complying with new laws or regulations. If as the result of such changes you want to alter the ways in which Battle Sports, LLC is allowed to use your Personal Information, you can do so by following the procedure described in the section entitled “Updating Your Personal Information and Privacy Preferences.” You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy after such changes have been posted. However, if Battle Sports, LLC sells assets or is acquired by or merged with another entity, you agree that Battle Sports, LLC may provide to such entity customer information without obtaining your further consent. Battle Sports, LLC may provide notice of such asset sales, acquisitions, or mergers on this Site.

Collection of Personal Information

Personal Information on this Site is collected by Battle Sports, LLC. You will be required to register on the Site in order to access certain services. During the registration process for the Site, you will be required to provide us with your name, email address, and other information that we may request. You can choose to provide us with additional optional Personal Information in your profile, including your mailing address and phone number. 

As a visitor to the Site, you can engage in certain activities without providing any Personal Information. Nonetheless, when you use the Site, Battle Sports, LLC may collect certain information about your computer or mobile device to facilitate, evaluate and verify your use of the Site. For example, we may log environmental variables, such as browser type, operating system, CPU speed, referring or exit webpages, click patterns, Session ID (a unique identifier assigned to the browser in connection to the Site), and the Internet Protocol (IP) address of your computer. Battle Sports, LLC also uses such information to measure traffic patterns on the Site. We do not match such information with Personal Information held about you by Battle Sports, LLC unless we have your consent, except as otherwise described in this Privacy Policy.

By using this Site, you agree and acknowledge that with respect to certain activities, the collection, transfer, storage, and processing of your information may be undertaken by trusted third party vendors or agents of Battle Sports, LLC, such as web hosting providers, providers of mobile application platforms, and mail and email service providers, to assist Battle Sports, LLC in providing certain functions. We do not, however, share such information with any third party vendors for commercial use by such vendors, except as otherwise provided herein.

In order to reduce errors in our database, authenticate our users, prevent fraud and prevent abuse of our Site, as well as to provide more consistent, relevant experiences to our users, we may on occasion supplement or correct the Personal Information you submit to us and your Internet Protocol (IP) address with information in our other databases or information from third-party sources.

How Your Personal Information is Used

Battle Sports, LLC collects and uses your information for internal purposes only or to further facilitate your participation and activities with Battle Sports, LLC, your activities on the Site, including for the offering of products and services, billing, identification, authentication, services improvement, contact purposes and general research. Your Personal Information may be used to track customer preferences in order to provide a customized Site experience and keep you informed about products, special offers, and other services of Battle Sports, LLC and selected third party providers of products and services, unless you have opted not to receive such communications or such communications are prohibited by law. We may also provide your Personal Information to other third party service providers with whom we contract in order to provide additional services that you may seek based on your use of the Site.

In order to better understand your preferences and to better serve you, Battle Sports, LLC may combine information you provide on the Site with other information obtained from Battle Sports, LLC sources, transactions and communications. Battle Sports, LLC may also combine that information with data that is publicly available and data that Battle Sports, LLC may receive from other reputable sources.

In addition to the uses described above, Battle Sports, LLC may use the information it collects to: (a) send you administrative messages and information about Battle Sports, LLC which it believes you may be interested; (b) communicate with you about Battle Sports, LLC products and events, or for other promotional purposes, (c) improve its business; or (d) administer contests, promotions, surveys or other features.

Battle Sports, LLC may collect information about the use of the Site, such as what pages visitors access, the number of visits, average time spent on the Site and other similar factors. This information is generally collected in aggregate form, without identifying any user individually, although IP address and Session ID in relation to downloads may be tracked as part of Battle Sports, LLC fraud prevention efforts. Other exceptions to this, where an individual may be identified individually, are noted in this Privacy Policy or in additional privacy terms connected to a specific product or website.

Contributions to the Site

You may elect to make certain contributions to the Site, outside the regular registration process, including through blog submissions, product reviews, testimonials, entering of workout data, dietary submissions, etc. (a “User Contribution”). This Privacy Policy does not govern the nature, purpose, use and sharing of any Personal Information that you voluntarily submit as part of a User Contribution, and Battle Sports, LLC hereby disclaims any and all liability arising out of or in any way related to the disclosure of Personal Information as part of a User Contribution.

Your Choices with Respect to Personal Information

Battle Sports, LLC recognizes and appreciates the importance of responsible use of information collected on the Site. Battle Sports, LLC will respect your legal rights regarding access to, and correction and deletion of, your Personal Information. Battle Sports, LLC may communicate information to you regarding products, services, and special offers available from Battle Sports, LLC or from third parties featured on the Site, unless you have opted not to receive such communications or such communications are prohibited by law, although in such cases we may find it necessary to continue to communicate with you regarding your use of the Site. In addition, you may receive communications and special offers from our franchisees or from selected third party service providers (or from Battle Sports, LLC on behalf of such providers). Except in the particular circumstances described in this Privacy Policy, Battle Sports, LLC will not provide your name to other companies or organizations without your consent.

Disclosure of Personal Information In Legal Proceedings

There are other instances in which Battle Sports, LLC may divulge your Personal Information without your consent. In instances where Battle Sports, LLC is requested by law enforcement officials or judicial authorities to provide Personal Information on individual users as required by law, regulation, or litigation such personal information may be provided without your consent or legal process. Battle Sports, LLC will also provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in case of a breach of an agreement or contravention of law, or in litigation involving Battle Sports, LLC, or otherwise required by law. We may also disclose Personal Information to assist in debt collection where you owe a debt to us.

Tracking, Use of Cookies, Web Beacons and Similar Devices

In order to improve our Services, the Site, and provide more convenient, relevant experiences to our customers, we and our agents may use “cookies,” “web beacons,” and similar devices to track your activities. A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables Battle Sports, LLC to record your passwords and preferences. It cannot be executed as code or deliver viruses. A web beacon is a small transparent .gif image that is embedded in an HTML page or email used to track when the page or email has been viewed.

Most browsers are initially set to accept cookies, and most services that include similar devices are typically initially activated to collect data. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies or similar devices will probably not be able to access those pages or the related Services.) Information about non-cookie tracking devices and their features, including disabling options, are contained in the information materials provided with such Services or on Site pages relating to such Services.

We may ask you to provide information of others such as when reporting suspected piracy. In this instance, we will ask for the person’s or company’s name and contact information so that we may investigate. Personal Information supplied in these instances will only be used for the purpose being submitted.

Battle Sports, LLC also hires other companies to place our banner ads on other websites. Such companies perform tracking and reporting activities on ads served and user reaction (“Third-party Advertisement Servers”). They do not collect any information other than IP addresses and behaviors associated with those IP addresses on our behalf, and we do not give any Personal Information to them. Third-party Advertisement Servers are subject to their own privacy policies. Battle Sports, LLC may also allow other companies to display advertisements on certain portions of the Mobile Application, on certain pages of the Site or within the Services. If you click on these advertisements these companies may place a persistent cookie on your computer which may allow them to display further advertisements to you. It is our policy to require these companies to provide accessible methods for you to disable these cookies. Should you have any complaints about the practices of any of these companies you should contact Battle Sports, LLC.

Updating Your Personal Information and Privacy Preferences

You have the right to access, correct and delete inaccuracies in your Personal Information and privacy preferences at any time. You may also access and correct your Personal Information and privacy preferences by writing Battle Sports, LLC at:

Battle Sports
Attn: Customer Care
customercare@battlesports.com
2111 S 67th St, Ste 400
Omaha, NE 68106

In your correspondence, please indicate with as much detail as possible the location on this Site or otherwise where you provided your Personal Information, if applicable. You may expect a response within thirty (30) days.

Privacy Complaints

Battle Sports, LLC takes its users’ privacy concerns seriously. If you believe that Battle Sports, LLC has not complied with this Privacy Policy with respect to your Personal Information, you may write to Battle Sports, LLC at the following address: 

Battle Sports
Attn: Customer Care
customercare@battlesports.com
2111 S 67th St, Ste 400
Omaha, NE 68106

Mobile Program Terms of Service

The Battle Sports mobile message service (the "Service") is operated by Battle Sports, LLC. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Battle Sports via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to (833) 592-1566 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Battle Sports mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to (833) 592-1566 or email customercare@battlesports.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.