Privacy Policy

Last updated: April, 17 2024

Introduction

On3 Media, Inc. (“Company”, “On3” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website On3.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect when you use the Website and other online applications, products, services and experiences (collectively, the “Services”), or otherwise interact with us.

Any information that is collected via our Services is covered by this Privacy Policy at the time such information is collected. We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you use or access our Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.

This policy applies to information we collect:

On this Website.
In email, text, and other electronic messages between you and this Website.
Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
The On3 Elite mobile application, desktop application, iOS application and Android application.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children’s Privacy

Our Website is not intended for children under 18 years of age. Because we care about the safety and privacy of children online, we comply with the Children’s Online Privacy Protection Act of 1998 (COPPA) and the FTC’s rule interpreting COPPA (16 CFR § 512). COPPA and its accompanying regulations protect the privacy of children using the internet. This Site is not directed to children and we do not knowingly contact or collect information from persons under the age of 18. The website is not intended to solicit information of any kind from persons under the age of 18.

If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [email protected].

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

Information you provide to us;
Automatically as you navigate through the Website; and
Information from third-parties and other sources.

Information You Provide to Us

The information we collect on or through our Website may include:

Information that you provide on our Website. This includes information provided at the time of registering to use our Website, subscribing to any of our Services, posting material, or requesting further services. We may also ask you for information when you report a problem with our Website.
Records and copies of your correspondence (including email addresses), if you contact us.
Content you submit to the Website, including, but not limited to, your posts and comments including saved drafts, your messages with other uses (e.g. private messages, chats and comment) and other communications.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
Your search queries on the Website.
Information that our business partners collect about you, such as social media services you have signed up for, in each case that are related to our Services.
Name, Image, Likeness “NIL” data that you provide to us including but not limited to NIL deal disclosures.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Website, including traffic data, location data, log and usage data, and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
We may also use these technologies to collect information about your online activities across third-party websites or other online services/social media (behavioral tracking).

The information we collect automatically may include personal information, and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.
Analyze our Services and products and perform market research.

When you visit or leave our Website by clicking a hyperlink or when you view a third-party site that includes our plugins, cookies or similar technology, we automatically receive the URL of the site from which you came or the one to which you are directed.

The technologies we use for this automatic data collection from our Website may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclosure Your Information.
Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Information We Collect from Other Sources

We may also obtain information from other sources and combine that with information we collect through our Services. For example, if you create or log into your account through a social media service, such as Facebook, we will have access to certain information from that service, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media service. We refer to this information as “Third-Party Information”.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, social media providers, and application providers. These third parties may use cookies, pixels, web beacons or other tracking technologies to collect information about you when you use our Website. Specifically we use Facebook pixels to record information about the way you use our Website, which allows user behavior to be tracked by Facebook. Each of our web pages contains a pixel, which records information about the user’s browser session, which it sends to Facebook, along with a hashed version of the Facebook ID and the URL viewed. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement, third-party tracking technologies, or other targeted content, you should contact the third-party provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

We collect certain information from your Instagram account when you use Instagram to log in to our app. This information includes username and is used solely for authentication purposes to provide you access to your account.

We may use LiveRamp Authenticated Traffic Solution (ATS) to help us recognize the activities of users on our site. For more information about LiveRamp, please visit https://liveramp.com/privacy/. To opt-out of the sharing of your personal information with LiveRamp, please visit https://liveramp.com/opt_out/.

When you use our Website, we share information that we collect from you, such as your email (in hashed form), IP address or information about your browser or operating system, with our identity partners/service providers. These partners return an online identification code that we may store in our first-party cookie for our use in online, in-app, and cross-channel advertising and it may be shared with advertising companies to enable interest-based and targeted advertising. To opt out of this use, please click here (https://liveramp.com/opt_out/)

We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.”

How Do We Use Your Personal Information?

We use the Personal Information we collect for various purposes, including to:

Provide, maintain and improve our Services, and develop new products and services;
Provide you with products and services, such as fulfilling your orders and processing your payments; arranging shipping; providing you with invoices and/or order confirmations; processing, maintaining and servicing your account(s) and loyalty program membership;
Communicate with you about products, services, offers, promotions, rewards, and events offered by and others, and provide news and information we think will be of interest to you when in line with the preferences you have shared with us;
Screen our orders for potential risk or fraud to protect the rights and property of On3 Media LLP;
Send you technical notices, updates, security alters and support and administrative messages;
Respond to your comments, questions and request and provide customer service;
Improve and optimize our Services (for example, by generating analytics about how our customers browse and interact with our Services, and to assess the success of our marketing and advertising campaigns);
To personalize your Website experience and deliver content and product/service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email; and
Carry out any other purpose described to you at the time the information was collected.

Sharing Your Personal Information

We may share your personal information by disclosing it to third parties for a business purpose, including the following categories:

Service providers. We provide access to or share your information with our service providers who perform services on our behalf, such as billing, sales, marketing, product content and features, advertising, analytics, research, customer service, database management, payment processing, and other services.
Affiliates. We share your information with our affiliates and related entities for our business and commercial purposes, including for customer support, marketing, and technical operations.
Partners in the Sports Industry. We may share your personal information with various partners in the sports sector, including but not limited to schools, NIL collectives, brands, coaches, and agents. This sharing enables us to deliver relevant offers and services and to enhance our product offerings.
To third-party business partners to market their products or services to you.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of On3 Media LLP, our customers, our uses or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data. You can also always opt-out by sending us an email with your request to [email protected].
Promotional Offers from the Company. You may opt out of receiving marketing emails from the Company by following the instructions in those emails.
Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email with your request to [email protected].

We do not control third parties’ use of your information to serve interest-based advertising once we have given permission to our business partners to set such cookies, pixels or other tracking technologies. However these third parties may provide you with ways to choose not to have your information collected or used in this way.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: [email protected].

Social Sharing Features

Our Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Services with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities the provide these features.

Security

We take reasonable technical, administrative and physical measures to help protect your personal information from unauthorized access, use, alteration, and disclosure. Any payment transactions will be encrypted.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out personal information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Any transmission of personal information is at your own risk.

Do Not Track

Please note that we do not alter our Websites’ data collection and use practices when we see a Do Not Track signal from your browser.

State Law Compliance

On3 Media LLP complies with the requirements of the California Online Privacy Protection Act (“CalOPPA”) and the Delaware Online Privacy and Protection Act (“DOPPA”). Both CalOPPA and DOPPA permit users of the Services that are California or Delaware residents, respectively, to request certain information regarding our disclosure of the information you provide through the Services to third parties for their direct marketing purposes. To make such a request, please contact us at the following address [email protected].

Cookies

Most we browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

Your Rights

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Websites), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Deleting Your Account

If you wish to delete your user account, please contact us at [email protected]. We will process your request and delete your account along with any associated data within a reasonable timeframe. Please note that certain information may be retained to comply with legal obligations or for legitimate business purposes.

Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Us

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected] or by mail using the details provided below:

On3 Media, LLP

2970 Foster Creighton Drive

Nashville, TN 37204