Privacy Policy
VIRTUAL FÚTBOL ACADEMY
PRIVACY POLICY
EFFECTIVE DATE: January 10, 2024
PURPOSE OF POLICY
Virtual Fútbol Academy is committed to protecting your privacy. We created this Privacy Policy (“Policy”) to give you confidence as you visit and use the VFA website and any Services. This Policy covers how we collect, use, store, and share your personal information which on its own, or in combination with other information, may be used to identify you as an individual (“Personal Data”). This Policy complies with the requirements of the EU General Data Protection Regulation (“GDPR”). The provisions of our Terms of Service (the “Terms”) apply to this Policy as well. All references to “we”, “us”, “our”, or “VFA” refer to Virtual Sports Academy Inc., a Delaware corporation. All references to “you”, “your”, or “user” refers to the end-user of the Services. Do not hesitate to contact us at privacy@virtualfutbol.org if you have any questions about this Policy. Capitalized terms used but not defined herein shall have the meanings given to them in the Terms.
This Policy also describes our practices related to information of individuals with whom we communicate for marketing or promotional purposes but who may not otherwise create an Account through the Platform (the “Marketing Recipients”). By using the Services and agreeing to this Policy, or by agreeing to this Policy as a Marketing Recipient, you consent to the privacy practices described in this Policy.
INFORMATION WE COLLECT AND HOW WE USE IT
2.1 Information You Voluntarily Provide Us.
When you create an Account through the Platform, you will be required to provide us with various Personal Data elements. Specifically, when you create an Account, we collect from you:
First and last name;
E-mail address;
Phone number;
Address;
Country of residency; and
Gender and pronouns.
In addition, as you use the Platform, you may choose to provide additional Personal Data, including access to your address book/contacts. While the information described here is provided to us only with your permission, some aspects of the Platform may not be available if you choose not to provide us with such information and Personal Data.
2.2 Personal Data We Collect From Marketing Recipients.
In addition to the Personal Data we collect from users creating an Account through the Platform, we collect Personal Data from Marketing Recipients who are interested in learning more about the Platform. This Personal Data consists of basic contact information such as the Marketing Recipient’s first and last name, email address, and phone number. This Personal Data is collected by us when Marketing Recipients sign up to receive commercial emails from us via online sign-up forms. For Marketing Recipients who have not otherwise created an Account through the Platform, we only use your Personal Data to send communications, including updates on promotions and events, relating to the Services offered by us and by third parties we work with that are related to the Services.
2.3 Special Information.
You may also choose to provide us with special categories of Personal Data, including, without limitation, Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, genetic or biometric data, health data, or data concerning a natural individual’s sex life or sexual orientation (collectively, “Special Information”). You are not required to provide us with your Special Information when creating an Account, but if you enroll in certain coaching, training, or other similar sessions or programs on the Platform (each a “Program”), then you may be required to provide certain Special Information, including health data. To the extent you choose to submit your Special Information, such information will be used only for the purposes of providing the Services. By agreeing to this policy and by your use of the Services, you explicitly consent to our collection, use and storage of your Special Information.
2.4 Information We Automatically Collect As You Use The Services.
In addition to the information you voluntarily provide us, when you use the Services, we automatically collect your IP address and geo-location while the Services is running on your device. You may be able to limit such collection in the settings on your device. As with the voluntarily provided information described above, some aspects of the Services may not be available if you choose not to provide us with such information and Personal Data.
Additionally, we may use videoconferencing software to record live training and coaching sessions, as described in more detail in Section 7 below. As such, we may collect video recordings that capture your image and/or voice.
2.5 Cookies and Analytics.
As you navigate through and interact with the Platform, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, as further described in this Policy.
We may use cookies and other technologies to automatically collect information about your use of the Platform. You can learn more about these technologies below. We may use this information to provide you with a better experience, to comply with our legal obligations under applicable law, to protect you and detect irregular or suspicious account activities, to customize our services and content for you, and to better understand how our users interact with the Platform.
Cookies. A cookie is a small file placed on your computer when you visit certain websites. Cookies may be either first-party or third-party cookies, and they may be either permanent or temporary (i.e. session) cookies. It may be possible to refuse to accept cookies by activating the appropriate setting within your browser. However, if you disable or refuse cookies, please note that some parts of the Service may be inaccessible or may not function properly.
Other Technologies. We may use other third-party services, including but not limited to, Google Analytics, Google Tag Manager, Hubspot, Wyscout, Frame VR, Spatial, Novo Ed, that automatically collect information about you to better understand how you use and interact with the Platform. For example, we may use third-party vendors to provide us with services surrounding analytics, advertising, and cybersecurity. The information collected through this process by the third-party service providers does not enable us or them to identify your name, contact details or other personal information that directly identifies you unless you choose to provide these. We use this information to better understand how users interact with the Platform and to improve your experience while using the Platform. We may also use these analytics services to record mouse clicks, mouse movements, scrolling activity, as well as any text that you type into our Platform. By using our Platform, you acknowledge and agree that you are aware that our Platform may record your activities on our Platform and that you consent to this recording.
Do Not Track Signals.
We do not track you or collect your information across third party websites or online services. Thus, we do not receive Do-Not-Track signals, or other similar signals. To the extent that we do receive any such signals, we will not comply with them as it is not an aspect of the functionality of our Services.
Shopify Platform.
Our website and payment processing runs through the Shopify platform. You can learn about Shopify’s information collection and use practices at the following website: https://www.shopify.com/legal/privacy/customers.
California Residents
If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us an email at privacy@virtualfutbol.org or write to us at the address listed at the end of this Policy. Indicate in your letter that you are a California resident making a “Shine the Light” inquiry.
PURPOSES OF COLLECTION AND LEGAL BASIS FOR USE
We use the Personal Data described above primarily for providing you with the core aspects of the Services. However, we also use the Personal Data to improve the Services over time and to send you information about VFA and the Services. By using the Services, you consent to us sending you a VFA newsletter or to otherwise contact you about promotions, updates, and features of the Services.
We also use your Personal Data, or aggregated and/or anonymized Personal Data (Personal Data from which all Personally Identifiable Information, as defined herein, and attributes about such data, have been permanently removed so that no individual user identification can be made), for our own purposes of understanding our users and how they use the Services, as well as improving the Services over time. By using the Services, you consent to these additional uses.
The legal grounds for our processing of your Personal Data for the purposes above are:
first and foremost, you provided your consent by agreeing to this Policy, which you may withdraw at any time by emailing us at privacy@virtualfutbol.org;
it is necessary for our contractual relationship;
the processing is necessary for us to comply with our legal or regulatory obligations; and/or
the processing is in our legitimate interest as a provider of the Services (for example, to protect the security and integrity of our systems and to provide you with customer service and the core functionality of the Services).
HOW WE SHARE YOUR PERSONAL DATA
4.1 Information Shared By You Through The Services.
During your use of the Platform, you maybe able to choose to voluntarily share Personal Data collected through the Services through email, or other means of communication.
In particular, you may also choose to voluntarily share User Content, including without limitation, photos, videos, or other similar materials through the Services. We may use, copy, modify, share, publish, or redistribute, such User Content and materials to promote VFA or for other similar purposes.
4.2 Our Personnel
To be able to effectively provide you with the Services, and to improve the functionality of the Services, we may disclose your Personal Data to our personnel, including our employees, contractors, and agents, only to the extent that such individual or entities have a legitimate need-to-know such information in furtherance of the Services. All such personnel are trained to keep such Personal Data private and confidential.
4.3 Our Vendors
We work with third party service providers to provide website, hosting, maintenance, data processing, and other services for us in furtherance of the Services. These third parties may have access to or process your Personal Data as part of providing those services for us. However, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions and receive their commitments to maintain privacy of Personal Data received.
4.4 Sale Of Company Or Assets
If we sell all or substantially all of our company or its assets, including the Personal Data collected through our Services, we may transfer your information to the acquiring company. However, we will notify you before we do so.
4.5 Mandatory Disclosures to Comply with Law, Emergency, or Obligations
In addition to our practices described above, we may share your Personal Data if we have a good-faith belief that such action is necessary to (1) comply with the law (see the section below on “Government Requests”), (2) protect and defend the rights or property of VFA, or (3) prevent an emergency involving danger of death or serious physical injury to any individual. We will only share your Personal Data for the foregoing reasons to the extent permitted by GDPR.
STORING YOUR PERSONAL DATA
5.1 Duration Of Storage Of Your Personal Data
We will store your Personal Data for as long as it is needed to provide the Services or for as long as required by applicable law. In some cases, we may not know that you have discontinued using the Services; therefore, we encourage you to notify contact us of your discontinued use. To continue to provide an effective service, we may de-identify and anonymize your Personal Data and store that de-identified and anonymized information perpetually.
Additionally, as described in this Policy, we use third parties to provide the Services and do not have full control over their practices related to storage and retention of your Personal Data. However, we will work with such third parties to delete or modify your Personal Data to the extent required by GDPR.
5.2 Security
We use reasonable efforts to secure your Personal Data and to protect against the unauthorized access, use, or alteration of the information that we obtain from you. For example, we require our personnel to sign confidentiality agreements that extend to your Personal Data; we restrict access to your Personal Data to individuals within and outside of VFA who need access to such information to provide the Services; and we review and pre-authorize the privacy practices of new products and services that we integrate into our Services. In addition, we use reasonable technical safeguards such as encryption and secure hosting provided by industry leading third party vendors, to secure your Personal Data. However, loss, misuse, and alteration may occur despite our efforts to protect your Personal Data. We are not responsible to our users or to any third party due to any such loss, misuse, or alteration, except to the extent required by GDPR or other applicable law.
YOUR CHOICES
You can change some of your Personal Data through the account settings provided on the Services. In addition, if you wish to access, receive a copy of, change or delete the Personal Data we hold about you, you may contact us as described in this Policy.
You may withdraw the consent granted in this Policy for us to use the Personal Data as described in this Policy by emailing us at the contact provided in this Policy. Please note that if you do so, it will not affect the lawfulness of the use of your Personal Data based on your prior consent.
In addition, you may contact us as described in this Policy to request that we do not disclose your Personal Data to third parties (other than those that are acting as our agent to perform tasks on our behalf, such as data processors, to offer the Services) or to request that your Personal Data not be used for a purpose that is materially different from the purposes for which it was originally collected or for purposes subsequently authorized by you.
If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by contacting us as described in this Policy. Please be aware that even after you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, you may continue to receive administrative messages from us regarding the Services.
Upon receipt of any of the above request(s), we will use reasonable efforts to reflect any changes you request in our databases to the full extent required by GDPR or other applicable law.
If you are not happy with how we have attempted to resolve your complaint, you may contact the relevant data protection authority.
RECORDING POLICY
If you are participating in online Programs offered through the Services, we may use videoconferencing software to record live discussions. This means that video and/or audio recordings of your image and your voice may be captured and recorded through the videoconferencing software. These recordings will be accessible only by other users who participate in such Program. The purpose of recording the Program(s) is to assist those who cannot attend the live session(s) offered as part of the Services. All recordings will become unavailable to participants when the Program ends and when a user has terminated its Account. Participants who prefer to participate via audio only can disable their video camera so only audio will be captured. Participants should discuss this option with the host of the live session. Recordings of Program sessions may be used solely for internal business purposes by VFA staff and participants registered for the Program, and only for the duration of the Program. If VFA wants to make subsequent use of recordings that include participant activity, it may do so only with informed written consent of the participants involved or after deleting all personally identifiably information of participant activity from the recording.
PHONE CALLS AND TEXT MESSAGING POLICY
The federal Telephone Consumer Protection Act (“TCPA”) and related Federal Communications Commission regulations shield consumers from unwanted telemarketing. The TCPA regulates the sending of commercial messages via telephone, text messages, and fax. Specifically, the TCPA makes it unlawful for any individual to place a call or text using an automatic telephone dialing system or an artificial or prerecorded voice without the called party’s prior express consent, except for emergency purposes.
Phone calls and text messaging, also known as SMS, are methods that VFA uses to communicate with those users who submit their phone numbers, including Marketing Recipients.
8.1 Phone Calls
By submitting your phone number and agreeing to this Privacy Policy, you agree to receive periodic calls and recurring business-related communications. Such communication includes informational calls at any of the contact information provided to us in connection with your account. We may place these calls for any purpose consistent with the Terms, this Policy, and any other agreements you may enter into with VFA. Standard rates and text charge may apply.
IF YOU ARE A FLORIDA RESIDENT PLEASE NOTE: BY AGREEING TO THIS POLICY, YOU AUTHORIZE VFA TO DELIVER OR CAUSE TO BE DELIVERED A TELEPHONIC SALES CALL TO YOU USING AN AUTOMATED SYSTEM FOR THE SELECTION OR DIALING OF TELEPHONE NUMBERS OR THE PLAYING OF A RECORDED MESSAGE WHEN A CONNECTION IS COMPLETED TO A NUMBER CALLED. YOU ARE NOT REQUIRED TO DIRECTLY OR INDIRECTLY SIGN THIS POLICY OR TO AGREE TO ENTER INTO THIS POLICY AS A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES.
You may revoke/withdraw your consent by writing to us at 2810 N. Church Street, PMB 75570, Wilmington, DE 19802-4447, or by emailing us at privacy@virtualfutbol.org. Your withdrawal will become effective only after we have had a reasonable time to process your withdrawal request.
GOVERNMENT REQUESTS
From time to time, we may receive requests from government agencies to obtain information about our users. In handling such government requests, we greatly value the privacy of your Personal Data. While we may be required to turn over user information at times, we will strive to require a search warrant or subpoena, to the extent that we can reasonably demand such warrant or subpoena, and will take reasonable steps to contact you to allow your participation in the process.
THIRD PARTY SERVICES AND PRACTICES ARE BEYOND OUR CONTROL
Our Services utilize numerous third party services to allow functionality of the Services. We may share your Personal Data with third parties as described in this Policy. We have no control over such third parties, except to the extent required by GDPR. We encourage you to review the privacy practices of such third parties. We make no guarantees about, and assume no responsibility for, the information, services, or data/privacy practices of third parties, except to the extent required by GDPR. We encourage you to review the privacy practices of such third parties.
CHANGES TO THIS POLICY
VFA reserves the right to change this Policy from time to time, with or without notice to you, except to the extent required by GDPR. If you continue to use the Services, you consent to the new Policy. We will always have the latest version of this Policy posted on the website and in connection with the Services.
PLEASE REACH OUT TO US WITH ANY QUESTIONS OR FEEDBACK
If you have any questions or comments about this Policy or our Services, please email at privacy@virtualfutbol.org, or you can mail us your questions or comments to the following address:
Virtual Sports Academy Inc.
2810 N. Church Street, PMB 75570
Wilmington, DE 19802-4447
DATA PROTECTION OFFICER
We have appointed a Data Protection Officer (“DPO”) to respond to inquiries and complaints. Our DPO can be contacted directly by email at privacy@virtualfutbol.org, or by mail at:
Virtual Sports Academy Inc.
ATTN: Data Protection Officer
2810 N. Church Street, PMB 75570
Wilmington, DE 19802-4447
[End of Privacy Policy]