DELTASPORT APP PRIVACY POLICY

Last Modified: March 18, 2022

Effective Date: March 18, 2022

Salmon Upstream, LLC, a Virginia limited liability company (referred to in this Privacy Policy as “Salmon Upstream”, “we”, “us”, or “our”) respects your privacy and we are committed to protecting it through compliance with this Privacy Policy. This Privacy Policy is part of the DeltaSport User Agreement, located at https://www.salmonupstream.com/deltasport-app-user-agreement/ (the “Agreement”). Except as otherwise defined herein, all terms used in this Privacy Policy have the meanings set forth in the Agreement. Please read this Privacy Policy and the Agreement carefully to understand our policies and practices regarding how we use your information.

Introduction. This Privacy Policy describes the types of information we may collect through your use of the DeltaSport Services (as defined in the Agreement), including the DeltaSport website located at https://www.salmonupstream.com/deltasport-app/ (the “DeltaSport Website”) and the DeltaSport Apps, and our practices for collecting, using, maintaining, protecting, and sharing that information. This Privacy Policy does not apply to information that other users of the DeltaSport Services collect about you through your use of the DeltaSport Services (such as information that you choose to make publicly available in your profile, posts, or comments).
Updates to Privacy Policy. As technology changes and as our business grows and develops, we may modify this Privacy Policy from time to time. Changes to this Privacy Policy will be made and will become effective as described the Agreement.
Children Under Age 13. We are committed to protecting the privacy of children under the age of thirteen (13) years (each a “Child” and collectively, “Children”). Access to and use of the DeltaSport Services by Children is prohibited. The DeltaSport Services are not designed for or marketed to Children, and we do not knowingly collect Personal Information (as defined below) from Children. If we learn we have collected or received Personal Information from a Child, we will delete that information. If you believe we might have any information from or about a Child, please contact us.
Definitions. As used in this Privacy Policy:

4.1. “App Diagnostic Information” means information collected through your use of the DeltaSport Apps, including device state information, unique device identifiers, device hardware and operating system information, information relating to how the DeltaSport Apps function, and the Location Information of a device at the time one of the DeltaSport Apps malfunctions or crashes.

4.2. “App Installation Information” means information provided to us by Apple or Google when you purchase or download DeltaSport Apps, such as operating system version, device manufacturer and model, device name, country, language, wireless carrier name, and app version.

4.3. “Location Information” means global positioning system (GPS) coordinates, Global Navigation Satellite System (GLONASS), iBeacon, or other geolocation information that can be used to identify the precise location of a person or device, but excluding Internet Protocol (IP) addresses.

4.4. “Non-Personal Information” means information or content other than Personal Information, including, for example, aggregated, anonymized, or de-identified information about our users and other information that does not identify any individual.

4.5. “Personal Information” (or “Personal Data”) means personally-identifiable information (information relating to an individual that can be used to identify, locate, or contact that individual, alone or when combined with other personal or identifying information), such as: name, home or physical address, e-mail address, phone number, or personal characteristics (such as descriptions of physical appearance and photos of individuals), Location Information, and any Sensitive Information (as defined below), or any other information about an individual that we collect through the DeltaSport Services and maintain in personally identifiable form in combination with other personally-identifiable information.

4.6. “Sensitive Information” means Social Security numbers, passport numbers, driver’s license numbers, bank account numbers, credit or debit card numbers, insurance policy numbers, login or authentication credentials (such as passwords and API keys) (“Login Credentials”), or other similar information.
Types of Information Collected.

5.1. Device and Activity Information. We may automatically collect information about you when you use the DeltaSport Services, such as the pages, materials, and features you access and use, the amount of data transferred, the links and buttons you click, the amount of time you spend interacting with the components of the DeltaSport Platform, and other information about your interactions with the DeltaSport Services, as well as certain standard information that your browser or device sends to every website or Internet server that you visit, including your Internet Protocol (IP) address, operating environment (such as browser type and version, browser plugins installed, operating system version, regional and language settings, screen size and/or resolution, windows size, and page size), access dates and times, and referring websites. We may also collect diagnostic information, including without limitation App Diagnostic Information, device hardware and operating system information, and information relating to how the DeltaSport Platform and other aspects of the DeltaSport Services function on the device you use to access the DeltaSport Services. We may share such diagnostic information and other Non-Personal Information with our service providers to diagnose and improve the DeltaSport Platform and other aspects of the DeltaSport Services. The DeltaSport Platform may use cookies, flash cookies, web beacons, pixel gifs, HTML 5 local storage, and other technologies for a variety of purposes, such as saving and retrieving information about you, your visit, and your preferences and settings. We may use such technologies to share Non-Personal Information with third parties or to retrieve Non-Personal Information from third parties. At this time, the DeltaSport Website does not respond to “Do Not Track” signals sent to us by your browser.

5.2. Location Information. When you use the DeltaSport Platform, we may collect your Location Information in order to provide the DeltaSport Services to you. If you disable GPS or other location services on your devices, you may be unable to use certain features of the DeltaSport Services. Except for Location Information that may be part of the App Diagnostic Information shared with our developers in connection with fixing and improving the DeltaSport Apps, we do not share your Location Information with third parties.

5.3. App Installation Information. When you purchase or download DeltaSport Apps, Apple or Google may provide us information related to the device (or devices) used to purchase or download the DeltaSport Apps, such as operating system version, device manufacturer and model, device name, country, language, wireless carrier name, and app version.

5.4. Firebase. We may, from time to time, use Firebase, which is a third-party solution provided by Google, Inc. for facilitating the development of apps, distributing pre-release versions of apps, and analyzing information about apps when they crash. We may use Firebase to collect and analyze App Diagnostic Information, which helps us improve the DeltaSport Apps and identify and fix bugs. We may share App Diagnostic Information through Firebase, and the information provided through Firebase is subject to Google’s policies. For more information, see the Privacy and Security in Firebase page (located at: https://firebase.google.com/support/privacy). The DeltaSport Apps may contain a setting to allow you to turn off the collection of App Diagnostic Information. We respect and value your privacy, and we never combine the information collected through the use of Firebase with Personal Information.

5.5. Information You Provide. When you create and use a User Account, you may provide us with a wide variety of information, such as your name, photo, address, e-mail address, phone number, payment information, your search queries within the DeltaSport Services, messages you send us, and your User Content (as defined in the Agreement), and other types of information. We will store and use such information only in accordance with the Agreement and this Privacy Policy.
Use of Non-Personal Information. We may use Non-Personal Information (including, for example, aggregated information about our users or information that does not identify any individual) for any purposes whatsoever (including without limitation, advertising, marketing, enhancing, designing, or developing products and/or services, and research), and we may share Non-Personal Information with others, including our partners, affiliates, and our service providers.
Cookie Policy. We may use cookies and other similar technologies, such as HTML 5 local storage, to provide the DeltaSport Services.

7.1. Cookies and Local Storage. Cookies are small text files placed onto your device when you visit and interact with the DeltaSport Website. Local storage is a technology that allows a website or application to store information locally on your device. These technologies enable us to provide and enhance your experience using the DeltaSport Services.

7.2. How We Use Cookies and Local Storage. We use these technologies to provide the DeltaSport Services to you and to analyze and improve the DeltaSport Platform, and other aspects of the DeltaSport Services. Our uses generally fall into one of the following categories:

7.2.1. Essential Processes and Security: To enable essential functions of the DeltaSport Services, such as to facilitate logging you in to the DeltaSport Services, facilitating payments, protecting your security, and helping us fight spam, abuse, and violations of the Agreement.

7.2.2. Preferences: To remember information about your browser and your preferences.

7.2.3. Performance, Analytics, and Research: To help us understand and measure how you use the DeltaSport Services and to improve the DeltaSport Services.

7.3. Blocking and Removing Cookies. We are committed to protecting your privacy, as described in this Privacy Policy. Most browsers allow you to modify your settings to accept or deny all cookies or to request your permission each time a website attempts to place a cookie on your device, and most browsers allow you to delete cookies that have already been placed on your device. However, the DeltaSport Services will not function properly if you prevent the DeltaSport Services from placing cookies on your device.
Use of Personal Information.

8.1. How We Use Your Information. We will only store and use your Personal Information as is reasonably necessary or appropriate in connection with your use of the DeltaSport Services, including:

8.1.1. to contact you in connection with your use of the DeltaSport Services, including to respond to your inquiries;

8.1.2. for authentication and identification purposes;

8.1.3. to enable us to provide the DeltaSport Services;

8.1.4. to process your payments;

8.1.5. to provide you with notices about your User Account;

8.1.6. to fulfill any other purpose for which you provide such information to us;

8.1.7. in any other way we may describe when you provide the information;

8.1.8. to carry out our obligations and enforce our rights;

8.1.9. to ensure your compliance with the Agreement and/or to investigate any potential breach of the Agreement;

8.1.10. to protect individuals, including children, our users, Team Members, Team Owners, League Owners, and other third parties; and

8.1.11. to protect our networks, data, software, or business interests.

8.2. How We Share Your Information. We are committed to protecting your privacy and we will not sell, lease, or disclose your Personal Information to any third party except as described in the Agreement and in this Privacy Policy. We may share with third parties any Personal Information that you choose to make publicly available through the DeltaSport Services (such as displaying your name in connection with your posts or messages). As described in Section 9 below, we do not share Personal Information with sponsors or advertisers without your consent. However, if you use a sponsor discount code displayed in the DeltaSport Platform or you click on or otherwise interact with an advertisement displayed in the DeltaSport Platform, the sponsor or advertiser may assume that you are a DeltaSport user. In addition to using and disclosing your Personal Information in the manner described above and elsewhere in this Privacy Policy, we may disclose your Personal Information:

8.2.1. to any person, entity, or organization which you consent for us to disclose your Personal Information to;

8.2.2. in the case of a user who requests to join a Team, to the applicable Team Owner and/or League Owner;

8.2.3. to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by us about our users is among the assets transferred;

8.2.4. in the case of a minor, to such minor’s parents or legal guardians (and to the individuals identified by the minor as his or her parents or legal guardians);

8.2.5. to any person, entity, or organization in order to facilitate the provision of the DeltaSport Services or the processing of payments, such as providing your name, contact information, transaction details, and Payment Information (as defined in the Agreement) to our third party payment processors (our “Payment Processors”) when you make a payment;

8.2.6. to any of the DeltaSport Parties (as defined in the Agreement), our business partners, service providers, vendors, and agents who provide hosting services, technical support services, order processing services, Payment Processors, and as is necessary or appropriate in connection with the processing and fulfillment payments, or the operation, maintenance, and support of the DeltaSport Services;

8.2.7. to comply with any legal requirements, subpoenas, discovery requests, or court orders, to defend any legal or administrative proceedings, or as we believe in good faith is necessary to comply with any laws or legal requirements;

8.2.8. to any person as we believe is necessary or appropriate in an emergency situation, including without limitation, to prevent criminal activity, personal injury, or property damage;

8.2.9. to law enforcement, financial institutions, or other appropriate authorities in connection with any investigation of suspected criminal or fraudulent activity by any person or entity; and

8.2.10. if we believe it is necessary or appropriate to protect the rights, property, or safety of the DeltaSport Parties (as defined in the Agreement), children, our users, Team Owners, League Owners, customers, or other third parties (including, without limitation, to facilitate the enforcement of our rights under the Agreement).
Opt-In Sharing Features. We will not knowingly disclose your Personal Information to a third party if we know or have reason to believe that the third party will use your Personal Information for direct marketing purposes, unless you opt-in or otherwise expressly consent for such sharing.
Payment Information. We may, from time to time, use one or more third party Payment Processors to process payments made in connection with the DeltaSport Services. Your Payment Information (as defined in the Agreement) collected through the DeltaSport Services is stored locally within the DeltaSport Apps on your device and is transmitted directly to our Payment Processors and is not stored by us. You acknowledge and agree that the processing of payments is subject to the terms and privacy policies of our Payment Processors and that we are not responsible for any acts or omissions of our Payment Processors.
Security. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure, including the use of TLS to encrypt information you send through the DeltaSport Website. The safety and security of your information also depends on you. You are responsible for safeguarding your Login Credentials associated with your User Account and notifying us immediately if you suspect your Login Credentials for your User Account have been compromised. We urge you to be careful about giving out information in public areas of the DeltaSport Services. The information you share in public areas may be accessed by any of our users. You are strongly cautioned to never share Sensitive Information with other users through the DeltaSport Services. Unfortunately, the transmission of information via the internet is not completely secure. Despite our measures to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to or through the DeltaSport Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures of the DeltaSport Services or of our service providers, agents, or other third parties.
Third Party Sites. The DeltaSport Services may contain links to other websites that are operated by third parties, including the websites of Drivers. Once you have clicked on a link connecting you to such third party website, you will leave the DeltaSport Services and be taken to a website that we do not control. This Privacy Policy does not apply to any Personal Information (or other information) collected on a third party site. We suggest you read the privacy policy of the third party site before providing any Personal Information on such third party site. We are not responsible for any use by any person or entity of any information that you may provide while accessing or using any websites or services provided by a third party.
Access to and Change of Personal Information. You may contact us at any time to: (a) request the removal of the Personal Information you provided to us from our databases; and (b) update your Personal Information. However, certain information associated with your use of the DeltaSport Services, such as governmental authorizations and information about payments made in connection with the DeltaSport Services, may be retained permanently for legal, tax, and business reasons. In addition, because certain Personal Information may be necessary to provide the DeltaSport Services to you, you understand that the removal of that Personal Information may require us to delete your User Account. When your Personal Information or your User Content (as defined in the Agreement) is updated or deleted, copies of such information may remain in our backups.
Contacting Us. You may contact us with questions relating to this Privacy Policy by sending an e-mail to DeltaSportApp@gmail.com.