Batting Challenge Holdings, Inc.

PRIVACY POLICY

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Last Updated August 5, 2022

 

This Privacy Policy applies to Personal Data (defined below) processed by Batting Challenge Holdings, Inc. (“Bat Around,” “we,” “us,” or “our”) in the course of providing a real-life baseball/softball video game that combines the experience of hitting a live ball with digital gamification, as collected from our website (the “Site”), our mobile applications (the “Apps”), and our related online service offerings (collectively with the “Site” and the “Apps”, the “Services”).

 

This Privacy Policy explains what Personal Data we collect, how we use and share that data, and your choices concerning our data practices.

 

Before using the Services or submitting any Personal Data to us, please review this Privacy Policy carefully and contact us at info@letsbataround.com if you have any questions. By using the Services, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, you may not access or use the Services.

 

1. PERSONAL DATA WE COLLECT

We collect information that alone or in combination with other information in our possession personally identifies you (“Personal Data”) as follows:

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Personal Data You Provide: We collect Personal Data when you visit the Site or Apps, create a Bat Around account, make a reservation, participate in batting cage activities, complete a survey, in connection with your use of the Services, and in other instances where you may provide it to us. The Personal Data collected during these interactions may vary based on what you choose to share with us, but it will generally include your name, email address, mobile phone number, date of birth, and handedness (whether you bat right or left). You may choose to provide a photo of yourself to create an exportable digital baseball card. You may also provide information including your hometown and your favorite team, jersey number, and/or player. To make a reservation to participate in batting cage activities, you must create an account, connect to your HitTrax account, or sign in through your Google or Apple account. 

 

Personal Data We Receive Automatically From Your Use of the Services: When you visit, use and interact with the Services, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit the Services, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Services (e.g., Google Chrome, Microsoft Internet Explorer, etc.), and geographical location information. In particular, the following information may be created and automatically logged in our systems:

• Log data: Information that your browser automatically sends whenever you visit the Services (“Log Data”). Log Data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Services.

• Please see the “Cookies” section below to learn more about how we use cookies.

• Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.

• Usage Information: We collect information about how you use our Services, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency and duration of your activities.

 

Cookies: We use cookies to operate and administer our Services, gather usage data on our Services and improve your experience on it. A “cookie” is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit All About Cookies.

 

Analytics: We may use certain third-party analytics providers, including Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Services and enhance your experience when you use the Services. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/.

 

Online Tracking and Do Not Track Signals: We and our third-party service providers, including Google, Apple, and HitTrax, may use cookies, pixels or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Services and use that information to send targeted advertisements. Our Services currently do not respond to “Do Not Track” (“DNT”) signals and operate as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.

 

Your Choices. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:

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• Microsoft Edge

• Mozilla Firefox

• Google Chrome

• Apple Safari

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Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Services and you may not be able to benefit from the full functionality of the Services.

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Advertising networks may collect Personal Data through the use of cookies. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org and follow the opt-out instructions there.

If you access the Services on your mobile device, you may not be able to control tracking technologies through the settings.

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2. HOW WE USE PERSONAL DATA

We may use Personal Data for the following purposes:

 

• To provide and facilitate your engagement with the Services, including to facilitate account creation and making reservations and to track your statistics;

• To respond to your inquiries, ;

• To send administrative information to you, for example, information regarding the Services, and changes to our terms, conditions, and policies;

• To administer a promotion, contest, sweepstakes, survey, or other Services feature;

• To analyze how you interact with our Services;

• To maintain and improve the content and functionality of the Services;

• To develop new products and services;

• To prevent fraud, criminal activity, or misuses of our Services, and to ensure the security of our IT systems, architecture and networks; and

• To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties.

 

Aggregated or Anonymized Information. We may collect or generate aggregated and/or anonymized Personal Data and use the aggregated and/or anonymized information to analyze the effectiveness of our Services, to improve and add features to our Services, and for any other lawful purpose. In addition, we may share aggregated and/or anonymized information with our business partners and other third parties. We may collect or generate aggregated and/or anonymized information through the Services, through cookies, and through other means described in this Privacy Policy.

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Marketing. We may use your Personal Data to contact you to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. You can also control the marketing emails and/or text messages you receive by updating your settings through your account. In addition, if at any time you do not wish to receive future marketing communications, you may contact us at info@letsbataround.com. If you unsubscribe from our marketing lists you will no longer receive marketing communications, but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.

 

3. SHARING AND DISCLOSURE OF PERSONAL DATA

In certain circumstances we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth below:

 

• Other Users: The Services may include national and/or local leaderboards that allow users to see other users’ batting statistics. If you are featured on the leaderboard, your statistics may be associated with your name, hometown, and team.

• Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with vendors and service providers, including providers of hosting services, cloud services and other information technology services providers, ecommerce services, order fulfillment services, event management services, email communication software and email newsletter services, advertising and marketing services, customer relationship management and customer support services, and web analytics services (for more details on the third parties that place cookies through the Services, please see the “Cookies” section above). Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us. We take commercially reasonable steps to ensure our service providers adhere to the security standards we apply to your Personal Data, and to limit their use and other processing of your Personal Data to the performance of their services for us.

• Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.

• Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Services, or the public, or (v) protect against legal liability.

• We may share Personal Data with our affiliates, meaning an entity that controls, is controlled by, or is under common control with Bat Around. Our affiliates may use the Personal Data we share in a manner consistent with this Privacy Policy.

 

4. DATA RETENTION

We keep Personal Data for as long as you use the Services or as reasonably necessary or advisable to fulfill the purpose(s) for which it was collected, provide the Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, protect against fraud, enforce our agreements, and comply with applicable laws.

 

5. UPDATE YOUR INFORMATION

Please log in to your account or contact us at info@letsbataround.com if you need to change or correct your Personal Data.

 

6. CHILDREN

Children who are under the age of 18 are not eligible to register for the Services without approval and consent of their parent or guardian. Bat Around does not knowingly collect Personal Data from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Services please contact us at info@letsbataround.com and we will endeavor to delete that information from our databases.

 

7. LINKS TO OTHER WEBSITES AND THIRD PARTY FUNCTIONALITY

The Services may contain links to other websites or applications, or other functionality not operated or controlled by Bat Around (“Third-Party Services”). You will generally have discretion and control over the Third-Party Services with whom you elect to interact and share your Personal Data, except as otherwise provided in this Privacy Policy. The information that you share with Third-Party Services will be governed by the specific privacy policies and terms of service of the Third-Party Services and not by this Privacy Policy. By providing these links or functionality we do not imply that we endorse or have reviewed these services. Please contact the Third-Party Services directly for information on their privacy practices and policies.

 

8. SECURITY

You use the Services at your own risk. We implement commercially reasonable technical, administrative, and organizational measures designed to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Services or e-mail. Please keep this in mind when disclosing any Personal Data to us via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Services, or third-party websites.

 

9. YOUR CHOICES

In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of our Services, you may be unable to use those features. You can also contact us at info@letsbataround.com to ask us to update or correct your Personal Data.

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10. INTERNATIONAL DATA TRANSFERS

The Services are directed to users in the United States. All information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States and other countries. If you choose to access our Services from the European Economic Area (“EEA”) or other regions with laws governing data collection and use, please note that your Personal Data will be transferred to and stored in the United States as necessary for the purposes described in this Privacy Policy, and Personal Data may be transmitted to our service providers supporting our business operations (described above). The United States may have data protection laws less stringent than or otherwise different from the laws in effect in the country in which you are located.

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11. CHANGES TO THE PRIVACY POLICY

The Services, and our business may change from time to time. As a result, we may change this Privacy Policy at any time. When we do, we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Services or providing us with Personal Data after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.

 

12. CONTACT US

If you have any questions about our Privacy Policy or information practices, please feel free to contact us at info@letsbataround.com.