Privacy Policy

Effective Date: February 16, 2024

Please read this Privacy Policy carefully. This Privacy Policy explains how Athletes NIL, Inc. (“Athletes NIL”) collects, uses, discloses, and protects Personal Information (as defined below) of customers and users. It applies to all Personal Information collected by Athletes NIL on its websites, including related subdomains, other online services, tools, technology, and programs (collectively, the “Platform”) as well as during any written, electronic, and oral communications, in connection with Athletes NIL’s services (the “Services”). Your access to and use of the Platform and Services are subject to the Terms of Use. Please make sure that you have carefully read and understand the Terms of Use. By accessing and/or using the Platform or Services, you hereby represent and warrant that you have read, understand, and agree to our collection, storage, use, and disclosure of your personal information as described in the Terms of Use and the Privacy Policy. If you do not agree to the Terms of Use and the Privacy Policy, do not access and/or use the Platform or Services.

1. Personal Information

We collect Personal Information that you voluntarily provide to us when you create a User Account with Athletes NIL, communicate with Athletes NIL, or otherwise access and/or use the Platform or Services. The Personal Information that we collect depends on the context of your interactions with us and the Platform. All Personal Information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such Personal Information. The Personal Information we collect may include the following:

When you access or use our Platform, complete electronic forms, communicate with us or third parties, by online chat, email, phone, or text, we may automatically collect and store certain information about you and the activity you engaged in.

We collect information automatically when you access or use the Platform. This information does not reveal your specific identity and is primarily needed to maintain the security and operation of the Platform, and for our internal analytics and reporting purposes. The Personal information we collect may include the following:

We may collect or receive Personal Information about you from publicly available sources, social network providers, marketing partners, and/or third parties.

2. Use of Your Personal Information

Athletes NIL may use Personal Information we collect or receive for legitimate business purposes. We use the information we collect to:

(a) Provide the Platform and Services; (b) Enable and facilitate the creation and management of User Accounts; (c) Process payments; (d) Perform Platform analytics, diagnostics, and maintenance; (e) Improve and personalize the functionality and features of the Platform; (f) Communicate with you, including providing offerings, support, and importance notices; (g) Detect or prevent fraud, abuse, or other harmful activities; (h) Account and network security; (i) Request feedback; (j) Maintain legal and regulatory compliance; (k) Respond to legal requests; (l) Enforce compliance with Athletes NIL Terms of Use and policies.

Athletes NIL may use your information for any other purpose not contemplated by this Privacy Policy. In such an event, we will disclose that use to you.

3. Sharing of Personal Information with Third Parties

Athletes NIL may share Personal Information:

(a) To third-party service providers to provide services such as payment processing, advertising services, marketing partners, web analytics, data processing, IT services, customer support, and other services. These third-party service providers have access to your Personal Information only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose. (b) To third-party law enforcement agencies to protect and defend our legal rights, protect the safety and security of users, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity. (c) To third parties as part of a sale, transfer, merger, reorganization, dissolution or similar event. (d) With your consent or at your direction.

4. Security

Athletes NIL has implemented administrative, technical, and organizational security measures that are designed to protect the security of any Personal Information. However, despite our efforts, no electronic transmission or online activity is ever 100% secure or error-free. We cannot guarantee that your Personal Information is absolutely secure from hackers, cybercriminals, or unauthorized third parties. Please keep this in mind when disclosing any information to Athletes NIL. Transmission of personal information to and from the Platform and use of the Services is at your own risk. Should you suspect that your interaction with Athletes NIL is no longer secure or that any party may be using your password or account, you will notify Athletes NIL immediately.

5. Data Retention

We will retain your Personal Information for as long as your account is active or as needed to provide you access to the Platform and Services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information.

6. Third-Party Sites

The Platform may contain functionality and advertisements from third parties that are not affiliated with Athletes NIL and which may link to other websites, online services, or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy notice. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services, or applications that may be linked to or from the Website. You should review the terms and policies of such third parties.

7. Children’s Information

Children under the age of 18 may access the Platform and Services with the consent of a parent or legal guardian, and as such, this Privacy Policy will apply to them. We comply with the Children’s Online Privacy Protection Act (COPPA). Our Platform and Services are not intended for children under 13 years of age, and we do not knowingly collect Personal Information from children under the age of 13. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us, please contact us immediately.

8. Your Privacy Rights

If at any time you would like to review or change the information in your account or terminate your account, you can log in to your User Account and update your account. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and/or comply with applicable legal requirements. Athletes NIL extends privacy rights to all customers. Your right to know and right to deletion are not absolute and are subject to certain exceptions provided by law.

Right to deletion: You can ask for the deletion of your Personal Information. If you ask us to delete your Personal Information, we will respect your request and delete your personal information, subject to certain exceptions provided by law.

Right to know: You have the right to know the Personal Information we collect, use, disclose, and sell about you. This includes:

Other privacy rights: You may object to the processing of your personal data. You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data. You may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, Athletes NIL will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission. To exercise these rights, contact admin@athletesnil.com. Upon receiving your request, Athletes NIL will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require you to provide information so that we can match it with the information you have previously provided us. We will only use information provided in your request to verify your identity or authority to make the request. You may also designate an authorized agent to make a request on your behalf. Authorized agents must submit written proof that they are authorized to act on your behalf. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf. Athletes NIL will not discriminate against you if you exercise your privacy rights.

10. CCPA Privacy Notice

Pursuant to the California Consumer Privacy Act of 2018, certain rights and obligations apply to California residents regarding Personal Information. Athletes NIL has collected the following categories of Personal Information in the past twelve (12) months:

The Personal Information categories identified are collected from the following sources: (1) directly from you; (2) automatically through your access and use of the Platform and Services; (3) third parties such as information received from publicly available sources, social network providers, marketing partners.

As explained above, we collect the categories of personal information identified above for the following business and commercial purposes:

(a) To provide you with the Platform and Services; (b) To maintain, improve and personalize the functionality and features of the Platform and Services (c) To communicate with you; (d) For account and network security; (e) To maintain legal and regulatory compliance; (f) Enforce compliance with Athletes NIL Terms of Use and policies (g) To protect you, others, and our business; and (h) For other business purposes disclosed to you at the time we collect or receive the information, or otherwise with your consent.

We may have shared certain categories of Personal Information with third parties in the past twelve (12) months. The information shared may include the following categories of personal information: (1) identifiers, (2) customer records and (3) commercial information. The categories of third parties to whom we sell or disclose your personal information for a business purpose include:

(a) Third parties that are party to a transaction; (b) Our service providers and contractors; (c) Marketing and promotional partners (d) Ad networks and advertising partners (e) Analytics providers (f) Social networks.

We may also disclose personal information to third parties at your direction or upon your request, in connection with a corporate business transaction, or to comply with legal or contractual obligations, as described in this Privacy Policy.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Information disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared Personal Information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us @ admin@athletesnil.com.

11. Nevada Residents

If you are a resident of the State of Nevada, you may opt-out of future sales of certain covered information that a website operator has collected or will collect. To submit such a request, please contact Athletes NIL with the subject line “Nevada opt-out.”

12. International Users

Athletes NIL is based in the United States, and regardless of where you use the Services, the information collected will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By accessing and/or using the Platform or Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.

13. Modifications

Athletes NIL reserves the right to modify or update this Privacy Policy at any time and without prior notice to you, effective upon posting of an updated version of Privacy Policy as identified by the “Effective” date at the beginning of this Privacy Policy. If any material changes are made to the Privacy Policy, we will notify you through appropriate communication channels. You agree that your continued access or use of the Platform and/or Services after any changes to the Privacy Policy will be subject to the updated Privacy Policy.

14. Contact Us

If you have any questions or concerns relating to this Policy or our privacy practices, please contact admin@athletesnil.com