VARSITY BRANDS PRIVACY POLICY
Last updated: 3/12/2024
California users: Click here to see our Privacy Information for California Residents
This Privacy Policy (“Policy”) describes and governs the information collection, use, and disclosure practices of Hercules Achievement, Inc., and all of their corporate affiliates, subsidiaries, and divisions as may change from time to time (collectively, “Varsity Brands,” “we,” “us,” and “our”) with respect to Varsity Brands’ various products, services, websites, mobile applications, business operations, and other digital and interactive services (together, the “Services”).
Before you use or submit any information to us, please carefully review this Policy. By using any part of the Services or otherwise submitting information to us, you consent to the collection, use, and disclosure of your information as further outlined in this Policy. We will continue to evaluate this Policy as we update and expand the Services and our offerings, and we may make changes to the Policy accordingly. Any changes will be posted here and you should check this page periodically for updates. If we make material changes to this Policy, we will provide you with notice as required by law. Your continued use of the Services will signify acceptance of the terms of the updated Policy.
This Privacy Policy includes the following sections:
EXCLUSIONS FROM THIS POLICY
Some services or products offered by or affiliated with Varsity Brands may be governed by a separate privacy policy of which you will be made aware upon using such services or products. In those instances, the service- or product-specific privacy policy shall apply. In the event of a conflict between the service- or product-specific policy and this Policy, the service- or product-specific terms will control.
Also, please note that some information we collect is in connection with Services we offer directly to schools and school districts for school purposes via contracts that may contain different privacy protections in accordance with applicable federal and state laws (e.g., the Family Educational Rights and Privacy Act or various state privacy laws). In the event of a conflict between the terms in this Policy and the data protection and security provisions in such contracts, the provisions in such contracts will govern with respect to such conflict and all other terms in this Policy will remain in effect.
INFORMATION WE COLLECT
We collect information in multiple ways, including when you provide information directly to us, and when we passively collect information from you, such as from your browser or device.
We may collect information from you in a variety of ways, such as when you:
The information you provide directly to us includes, but is not limited to: (i) name; (ii) email address; (iii) age; (iv) postal address; (v) username and password associated with your account; (vi) phone numbers; (vi) measurements for uniform orders; and (viii) demographic information. If you order a product or service that we offer for sale through the Services, we may also collect and maintain your billing address, shipping address, product selections, financial information (such as your credit or debit card information or ACH information, applicable card expiration dates and security codes in order to process your transactions) and your order number. We may also use third party payment processors to collect certain financial information from you, such as your name, address, credit or debit card information or ACH information, applicable card expiration dates and security codes in order to process your transactions. When financial information is collected and processed by such third parties, we do not collect, store or otherwise maintain such information, and use and storage of that information is governed by the payment processor’s applicable terms of service and privacy policy.
To use certain parts of the Services, you may be requested to submit information about others. For example, if you order a gift online and want to send it directly to the recipient, you will need to submit the recipient’s address. In this circumstance, the types of information we may request include, but may not be limited to, the recipient’s name, address and telephone number. Moreover, there may be content that you choose to disclose to a friend through the Services. If so, we will ask for your friend’s name and email address. We will send your friend an email on your behalf inviting him or her to visit our websites or check out our products.
Some of our online Services include chat rooms, forums, message boards, news groups and other community tools available to our users. Please remember that any information that is disclosed in these areas becomes public information for both us and other users to use and disclose. Please be considerate and respectful of others while using the community to voice your opinions. We reserve the right, but do not have the obligation, to review and monitor such posting, and to delete postings that may be viewed as inappropriate or offensive to others.
a.) Device/Usage Information
We may automatically collect certain information about the computer or devices (including mobile devices or tablets) you use to access the Services. As described further below, we may collect and analyze information such as (a) IP address and unique device identifiers, and other information about your computer or device(s), including browser types, browser language, operating system, mobile device carrier information, the state or country from which you accessed the Services; and (b) information related to the ways in which you interact with the Services, such as: referring and exit web pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content (such as advertisements and videos) viewed and the order of those views, statistical information about the use of the Services, the amount of time spent on particular pages, the date and time you used the Services, the frequency of your use of the Services, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.
b.) Cookies and Other Electronic Technologies
We may also collect data about your use of the Services through the use of Internet server logs, cookies and/or tracking pixels. A web server log is a file where website activity is stored. A cookie is a small text file that is placed on your computer when you visit a website, that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv), enhance your user experience by delivering content specific to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, measure popularity of the Services and associated advertising, and to access user cookies. As we adopt additional technologies, we may also gather additional information through other methods.
Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services.
We may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Services, in accordance with your device and applicable consent settings), and may use that information to customize the Services with location-based information, advertising, and features. For example, if your IP address indicates an origin in Chicago, the Services may be customized with Chicago-specific information and advertisements. In order to do this, your location information may be disclosed to our agents, vendors or advertisers. If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturers’ instructions for further details. Please note that precise geolocation information is considered “sensitive personal information” under certain privacy laws, and we process this information in accordance with applicable legal requirements.
When you “like” or “follow” us on Facebook, Twitter, or other social media sites, we may collect some information from you including your name, e-mail address, and any comments or content you post relevant to us. We may also collect your information if you sign up for one of our promotions or submit information to us through social media sites. Moreover, if you access the Services through a third-party connection or log-in (e.g., Facebook Connect), you may allow us to have access to and store certain information from your social network profile. This includes your name, gender, profile picture, your “likes” and check-ins, and your list of friends, depending on your settings on such services. If you do not wish to have this information disclosed, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.
We may also obtain information about you, such as demographic information, from various third parties, such as business partners, marketers, researchers, analysts, and other parties that we may attribute to you based on your assignment to certain statistical groups. We use this information to supplement the information that we collect directly from you in order to derive your possible interests and to provide more relevant experiences for you with our brand and improve our products, analytics, and advertising.
HOW WE USE YOUR INFORMATION
Any company that is part of the Varsity Brands family of companies may use the information you have provided pursuant to this Policy in order to provide the Services, for advertising, or to communicate with you. For example, we may use the information we collect from and about you for the following purposes:
Please note that we may combine information that we collect from you and about you (including automatically-collected information) with information we obtain about you from our affiliates and/or non-affiliated third parties, and use such combined information in accordance with this Policy.
We may aggregate and/or de-identify information collected through the Services. We may use de-identified and/or aggregated data for any purpose, including without limitation for research and marketing purposes, and may also disclose such data to any third parties, including advertisers, promotional partners, sponsors, and/or others.
LEGAL BASES FOR USE OF YOUR INFORMATION
The laws in certain jurisdictions require us to tell you the “legal bases” on which we process your information. Our legal bases for using your information as set out in this Privacy Policy are as follows:
WHEN WE DISCLOSE USER INFORMATION
Varsity Brands may disclose your information to or with non-affiliated third parties under the following circumstances:
PERSONALIZED CONTENT AND ADVERTISING
We may use third-party web analytics services on our Services, such as those of Google Analytics. These service providers use the sort of technology previously described in the “Cookies and other electronic technologies” section to help us analyze how users use the Services, including by noting the third-party website from which you arrive, and provide certain features to you. The information (including your IP address) collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
If you receive email from us, we may use certain tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
Subject to applicable law, we may use third-party advertising technologies and partners that allow for the delivery of relevant content and advertising on the Services, as well as other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you provide such as your age and gender, your searches, demographic data, user-generated content, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.
Our advertising partners may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the Services in order to (i) inform, optimize, and serve ads based on past visits to our websites and other sites and (ii) report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our websites and use of our Services. We neither have access to, nor does this Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Services by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of ad targeting as described below. You may receive tailored advertising on your computer through a web browser. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link , the Digital Advertising Alliance’s Consumer Opt-Out link or Your Online Choices to opt-out of receiving tailored advertising from companies that participate in those programs.
To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Services, you may still receive advertisements even if you opt-out of tailored advertising. In that case, the ads will just not be tailored.
When using a mobile application you may also receive tailored in-application advertisements. Each operating system, iOS for Apple phones, Android for Android devices and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems to opt-out of tailored in-app advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact the applicable platform operator. We do not control how the applicable platform operator allows you to control receiving personalized in-application advertisements; thus, you should contact the platform provider for further details on opting out of tailored in-application advertisements.
For additional ways to out of targeted advertising activities under applicable law, see the Your Rights and Choices section below.
Please note that to the extent advertising technology is integrated into the Services, you may still receive advertisements even if you opt-out. In that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
DATA RETENTION
We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
SECURITY
We have implemented administrative, technical, and physical security measures to protect against the loss, misuse and/or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect and store. However, we cannot and do not guarantee that these measures will prevent every unauthorized attempt to access, use, or disclose your information since despite our efforts, no Internet and/or other electronic transmissions can be completely secure.
YOUR RIGHTS AND CHOICES
Depending on your jurisdiction, you may have the right to make certain requests regarding your “personal information” or “personal data” (as such terms are defined under applicable law, and collectively referred to herein as “personal information”). Specifically, you may have the right to ask us to:
You may also have the right to opt out of “sales” of your information and “sharing/use of your information for targeted advertising” as described below in subsection c.
As provided in applicable law, you also have the right to not be discriminated against for exercising your rights. Please note that certain information may be exempt from such requests under applicable law. For example, we need to retain certain information in order to provide our services to you. We also need to take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. If you would like further information regarding your legal rights or would like to exercise any of them, please submit your request online here or call us at 1-877-201-0898.
Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. If we deny your request, we will provide you with information on how to appeal the decision, if applicable, in our communications with you.
If you have provided contact information through the Services and decide that you do not want a certain Varsity Brands business division to use that information for marketing purposes, you can opt out of future use at any time by: (i) going to the link provided at the bottom of any email you receive and opting out of receiving future marketing information from the specific business division that sent you such marketing email; (ii) by sending us an email at privacy@varsitybrands.com, and specifying which Varsity Brands’ business division emails you no longer wish to receive; or (iii) through your account settings. Please note that you may not be able to opt out of emails about your transactions and relationship with us, such as emails regarding your account, requests or inquiries, and purchases of products and/or services.
As explained above, we provide information about your device and online browsing activities to third-party advertising providers for targeted advertising purposes, so that we can provide you with more relevant and tailored ads regarding our services, and use analytics partners to assist us in analyzing use of our Services and our user/customer base. The disclosure of your information to these third parties to assist us in providing these services may be considered a “sale” of personal information under applicable law or the processing/sharing of personal information for targeted advertising purposes.
If you would like to opt out of our online disclosure such as through cookie and pixel technology of your personal information for purposes that could be considered “sales” for those third parties’ own commercial purposes, or “sharing” for purposes of targeted advertising, please click the “Your Privacy Choices” link available in the footer of each Varsity Brand website with which you interact. You can also submit a request to opt out of our offline disclosures of information that are subject to applicable opt out rights by clicking here or by emailing us at privacy@varsitybrands.com. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.
Please note that if you have a legally-recognized browser-based opt out preference signal turned on via your device browser, we recognize such preference in accordance with applicable law.
INTERNATIONAL USERS
The information discussed in this Policy is processed in the United States by Varsity Brands, whose principal office in the United States is located at 14460 Varsity Brands Way, Farmers Branch TX 75244 . Your information will be processed in the United States for the purposes described herein. As described above, we also may subcontract the processing of your data to, or otherwise disclose your data to, other members within the Varsity Brands group or our service providers in countries other than your country of residence, including the United States, in accordance with applicable law. Such third parties may be engaged in, among other things, the provision of Services to you, the processing of transactions and/or the provision of support services. By providing us with your information, you acknowledge any such transfer, storage or use.
If we provide any information about you to third party information processors, we will take appropriate measures to ensure such companies protect your information adequately in accordance with this Privacy Policy. These measures include signing Standard Contractual Clauses in accordance with EU and other data protection laws to govern the transfers of such data. For more information about these transfer mechanisms, please contact us as detailed in the “Contact Information” section below.
If applicable, you may make a complaint to the data protection supervisory authority in the country where you reside. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.
THIRD PARTY LINKS AND SERVICES
The Services may contain links to or “frame” third-party websites, applications and other services (e.g., including retailers or merchants where you can make purchases). Please be aware that we are not responsible for the privacy practices of such other sites and services. We encourage our users to be aware when they leave our Services and to read the privacy statements of each and every site they visit that collects their information.
The Services may also include widgets and social media features such as the Facebook “Like” button, which are interactive mini-programs that provide specific services from another company (e.g. displaying the news, opinions, music, etc.). Information such as your email address may be collected through these features. These features may collect your IP address and set cookies to enable them to function properly. We are not responsible for nor do we endorse the privacy practices or the content of such third-party services. Any information you provide via those services is subject to their applicable privacy policies and is not covered by this Policy.
PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS
If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to provide you with the following additional information about: (1) the purpose for which we use each category of “personal information” (as defined in the CCPA) we collect; and (2) the categories of third parties to which we (a) disclose such personal information for a business purpose, (b) “share” personal information for “cross-context behavioral advertising,” and/or (c) “sell” such personal information. Under the CCPA, “sharing” is defined as the targeting of advertising to a consumer based on that consumer’s personal information obtained from the consumer’s activity across websites, and “selling” is defined as the disclosure of personal information to third parties in exchange for monetary or other valuable consideration. As discussed above in the Personalized Content and Advertising section, our use of third-party analytics services and online advertising services may result in the sharing of online identifiers (e.g., cookie data, IP addresses, device identifiers, and usage information) in a way that may be considered a “sale” or “sharing” under the CCPA.
The following chart details these activities:
Your Choices Regarding “Sharing” and “Selling”: You have the right to opt out of our sale/sharing of your personal information for purposes of online analytics and advertising by clicking the “Your Privacy Choices” link on the footer of each Varsity Brands website you use. To opt out of the offline disclosure of your information to third parties for these purposes, please click here.
Other CCPA Rights. If we ever offer any financial incentives in exchange for your personal information, we will provide you with appropriate information about such incentives.
The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for business purposes for which you cannot opt out under the CCPA.
Please see the “Your Rights and Choices” section of our Privacy Policy above for information about the additional rights you have with respect to your personal information under California law and how to exercise them.
California “Shine the Light” disclosure. The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the disclosure of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes, or in the alternative, that we provide a cost-free means for consumers to opt out of any such disclosure. We do not currently disclose your personal information to third parties for their own direct marketing purposes.
California Do Not Track disclosure. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on the Services for third-party purposes, and that is why we provide links to the various industry opt out pages referenced above. However, we do not currently respond to DNT signals. To learn more about Do Not Track, you can do so here. Please note that Do Not Track is a different privacy mechanism than the user “preference signal” referenced in the “Your Rights and Choices” section above, which is a browser-based control that indicates whether you would like to opt out of processing of your information for certain purposes, such as the “sale” of your information or the disclosure of your information for targeted advertising purposes, under applicable laws.
INFORMATION FROM CHILDREN
The Services are intended for general audiences and not for children under the age of 13. If we become aware that we have collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without legally-valid parental consent, we will take reasonable steps to delete it as soon as possible. We do not knowingly process data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.
CHANGES TO THIS POLICY
We reserve the right to change this Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. Please check this page periodically for changes. Your continued use of the Services following the posting of changes to this Policy will mean you accept those changes.
QUESTIONS ABOUT THIS POLICY
If you have any questions about our Policy, you can contact us by emailing us at privacy@varsitybrands.com or by writing to us at: Varsity Brands, 14460 Varsity Brands Way, Farmers Branch, Texas 75244, Attention: Legal Department.
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