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Privacy Policy

LiveBarn Inc. and its affiliates (the “LiveBarn Group”, “we”, “us”, or “our”) provide live and on demand online broadcasting services of amateur and youth sporting events.

This Privacy Policy (“Privacy Policy”) describes how the LiveBarn Group collects, uses, discloses, retains, disposes of, and protects personal information in the course of providing services to our users, subscribers, customers, and visitors (collectively, “Users”, “you,” or “your”) of our web sites including www.LiveBarn.com (each, a “Web Site”), products including our mobile apps, and other services (collectively, the “Services”). Our Privacy Policy has been designed to comply with Canada’s Personal Information Protection and Electronic Documents Act and other applicable federal, state, and provincial privacy laws relating to the protection of personal information (collectively, "Privacy Legislation").

This Privacy Policy does not apply to the practices of companies that we do not own or control. Our venue partners are responsible for maintaining their own privacy policies governing their collection, use and disclosure of Personal Information and are responsible for ensuring that they have obtained the necessary authorizations and consents for any Personal Information they make available to us for use in accordance with this Privacy Policy.

If you are a consumer resident in the European Union (EU), you may have additional rights under the EU General Data Protect Act (“GDPR”), as detailed in the European Union Consumers section. If you are a California consumer, you may have additional rights under the California Consumer Protection Act (“CCPA”), as detailed in the California Consumers section.

The LiveBarn Group is committed to protecting your personal information. We have established practices and procedures to ensure that this information is appropriately safeguarded and have appointed a Privacy Officer to administer the process. All of our employees, contractors, consultants, agents and third-party service providers are bound to comply with this Privacy Policy.

By accessing our Services, you accept the terms of this Privacy Policy and consent to our collection, use, disclosure and retention of your personal information as described herein.


PERSONAL INFORMATION

In this Privacy Policy, “personal information” means any information about an identifiable individual as defined in applicable Privacy Legislation and includes information such as full name, address, postal code, email address, and geographic location. It may also include information on how you use the Services.


HOW WE COLLECT PERSONAL INFORMATION

The LiveBarn Group may collect personal information when you visit and participate in activities on our Web Sites, access our Services, or as otherwise required by law. The LiveBarn Group collects and uses personal information only as necessary to provide our Services, including to develop, assess, and improve our Services. We only collect personal information if non-identifying information will not suffice. We minimize our collection and use of personal information to what is needed for these purposes.

We may collect the following categories of personal information about you:

  • Identifiers, which include name, address, email address, user ID, user name, password, IP address, or MAC address;

  • Information relating to Internet activity or other electronic network activity, which includes operating system type and version, web server type and version, PHP version, database type and version, cookie information, device information, browsing activities, and platform or mobile application use data, referring domain, destination domain and destination path, performance, security, software configuration, web site user statistics and use and viewing activity records, and communication preferences;
       
  • Mobile phone number, mobile country code, unique device identifier, mobile advertising identifier (assigned by your mobile platform), information about the screen size of your mobile device(s), the date and time of your device use, and other mobile device-related information;
       
  • Geolocation data, which includes geographic information derived from your IP address or MAC address or summited by you; and
       
  • Still or video images captured by cameras at our venue partners’ venues
       
  • Other information you provide to us, including the communications with us, whether via email, social media, electronic devices, telephone or otherwise, and inferences we may make from other personal information we collect.



Your payment information is collected and processed by our authorized payment vendors. We do not directly collect or store credit or debit card numbers ourselves in the ordinary course of processing transactions.


USING AND DISCLOSING PERSONAL INFORMATION

We collect personal information about you in order to properly identify you, to contact you or your designated representatives, to manage the administration of your account, to provide you with Services, to maintain and improve our Services, to develop new services, to measure our performance, to tailor the content of our Web Site and other Services, to establish the LiveBarn Group’s legal rights or defend against legal claims, to inform you of Services that may be relevant to you, to manage your preferences and to provide a more personalized experience, and to satisfy legal, regulatory, custodial and tax reporting requirements.

The LiveBarn Group may disclose personal information to third parties, including to:

  • Service providers for purposes such as accounting, legal, or tax preparation services; servicing accounts, conducting transactions, surveys, market research, data analysis, reporting, marketing, and development of our products and services;
       
  • Regulatory, tax or other government authorities and agencies;
       
  • Our affiliates (i.e., companies related to us by common ownership or control) for various purposes permitted by law, including our affiliates' advertising and marketing of their products and services to you;
       
  • Other individuals or entities, when we believe that disclosure is necessary to detect, prevent or report suspicious activities, prevent physical harm, financial loss or violations of our agreements and policies; and
       

For specific products or services, including third-party fintech apps and data aggregators, when you have given your consent.


At times we may use third parties outside of Canada, including in the United States, to perform services for us involving some of your personal information. This may require transfer of information to those third parties. This information is subject to both the laws of Canada and the laws of the third party's jurisdiction, including laws with respect to disclosure of such information, and may be accessible by regulatory authorities in other jurisdictions. When we transfer personal information to third parties, we ensure by contractual means that the transferred personal information is protected to the same degree as if it were in our possession. The LiveBarn Group does not sell or lease personal information to third parties nor does it share personal information with third parties for their marketing purposes.

We may also be required by law to disclose your personal information without your consent (i) pursuant to judicial orders, subpoenas, decrees, or warrants, (ii) in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, or violations of the Web Site Terms of Use, (iii) protect the safety or the security of persons or property, or (iv) as otherwise authorized or required by law.

The LiveBarn Group may be involved in the sale, transfer or reorganization of some or all of its business at some time in the future. As part of that sale, transfer or reorganization, the LiveBarn Group may disclose your personal information to the acquiring organization, however, we require the acquiring organization to agree to protect the privacy of your personal information in a manner that is consistent with this Privacy Policy.

VIDEO CAPTURE

This section describes how the LiveBarn Group collects, uses, and shares personal information that we collect and receive through cameras and video recording equipment at our venue partners’ venues. Our cameras and video recording equipment are installed in public places and the recordings are intended for the enjoyment and education of our Users including the athletes, coaches, fans and families we serve. Our venue partners control video and audio capture and are solely responsible for notifying you when your images and audio are being recorded. LiveBarn disclaims all liability and responsibility in regards to such recording.

You acknowledge that by playing sports or attending games in public venues comes with it the inherent exposure and fact that there will be spectators. However, if you feel that the publication or broadcasting of your likeness or performance does harm to you for any reason, we encourage you to first contact our venue partner with whom you interacted directly. You may also reach out to us using the contact details indicated under the section entitled “How to Contact Us” below.

Where warranted, in our sole discretion, we may delete video content to remedy your concern

You understand that we may have no control over the views or downloads that may have already taken place before your complaint was made. You also understand that if the incident in question is deemed to be evidence in a legal matter, we will comply with all laws and state or federal authorities.

HOW WE OBTAIN YOUR CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

By visiting our Web Sites or voluntarily providing personal information while using our Services, setting up your account, continuing to do business with us, or accessing the Services, you are consenting to the collection, use and disclosure of your personal information for the purposes identified in this Privacy Policy.

Our venue partners also post notifications and disclaimers including photo release language in all venues in which cameras and video recording equipment capturing the livestreams are installed.

The LiveBarn Group will not, as a condition to the supply of Services, require you to consent to the collection, use or disclosure of your personal information beyond that required to fulfill those purposes.


WITHDRAWING YOUR CONSENT

You may withdraw all or part of your consent for us to collect, use or disclose your personal information in accordance with this Privacy Policy at any time upon reasonable notice to the LiveBarn Group in writing, subject to legal or contractual restrictions. The withdrawal of your consent may affect our ability to continue to provide you with the services that you have or would like to receive.

You may also opt out of receiving promotional emails from the LiveBarn Group by following the instructions in those emails. If you opt out, we may still send you non-promotional communications, such as messages about your account or our ongoing business relations.


HOW WE LIMIT DISCLOSURE OF YOUR INFORMATION

Confidentiality of personal information is a fundamental principle of the LiveBarn Group. To that end, we restrict access to personal information about you to those employees and other persons who need to know the information to enable us to provide services to you. No employee may release confidential User information, unless required by law or with the User’s express consent. Each employee of the LiveBarn Group and any related parties is responsible for ensuring the confidentiality of all personal information they may access.


SAFEGUARDS

The LiveBarn Group maintains physical, electronic and procedural controls consistent with regulatory standards to safeguard personal information in its possession. Reasonable measures (such as systems access security controls, safeguards to detect and prevent security system failures, restricted access and employee training) have been implemented to help protect personal information from loss, misuse, unauthorized access or disclosure. Please note, however, we cannot fully eliminate security risks associated with the storage and transmission of personal information.

You also play an important role in protecting your privacy and the confidentiality of your personal information. For example, you should:

  • Create a strong and unique password for your user accounts
       
  • Never share your user accounts or password with anyone. We will never ask you for your password, including in any unsolicited communication such as letters, phone calls or email messages, so please contact us if you receive such a request.
       
  • Log out of your user account once you are finished using it, especially if you share your device with anyone else.
       
  • Have a strong and unique password on your device, too.
       
  • Never post information on our Web Sites (such as on message boards and in chat rooms) that you are against or unwilling to be viewed or used by others.



RETAINING AND DISPOSING OF INFORMATION

Your personal information is maintained on our networks or on the networks of our service providers. We retain personal information only as long as it is needed to fulfill the identified purposes or as may be required to comply with applicable laws. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements. To satisfy regulatory requirements, certain personal information may be retained for at least seven years (unless there are legal requirements that require its further retention) after which all documentation will be destroyed in a manner commensurate with its sensitivity.


COOKIES AND SIMILAR TECHNOLOGIES

We may use cookies and other similar technologies on our Web Sites. A "cookie" is a unique numeric code that we transfer to your device so that we can keep track of your interests and/or preferences and recognize you as a return visitor to a Web Sites. The use of cookies allows us to measure web site activity to provide a better user experience. Cookies and other similar technologies may be used to tell us the time and length of your visit, the pages you look at on our Web Sites, the web site you visited just before coming to ours, and the name of your Internet service provider.

Most internet browsers accept cookies by default. You can block cookies by activating the setting on your browser that allows you to reject all or some cookies. The help and support area on your internet browser should have instructions on how to block or delete cookies. Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or to alert you to when a cookie is placed on your computer, tablet or mobile device. Although you are not required to accept cookies, if you block or reject them, you may not have access to all of the features available through the Services.

We may use third-party analytics such as Google Analytics or similar analytics services. For information on how Google processes and collects your information regarding Google Analytics and how you can opt-out, please see https://tools.google.com/dlpage/gaoptout.

We may use third-party advertisers to serve or track advertisements on or relating to the Services. These third parties may use cookies and other tracking and analytical technologies to, among other things, record which ads your browser has loaded and which pages you were viewing when ads were delivered or accessed. Information so collected is subject to the privacy policies of those third parties, which you should carefully review. We have limited or no control over third-party use of cookies.


ENSURING ACCURACY AND ACCESSIBILITY OF YOUR INFORMATION

The LiveBarn Group will do its best to ensure that your personal information is correct and kept current. Users are requested to notify the LiveBarn Group as soon as possible of any changes, deletions or corrections to their personal information so that the LiveBarn Group may keep such information up-to-date.

With certain limited exceptions as provided in Privacy Legislation, you have the right to access your personal information held by us and to request that the information be corrected if it is inaccurate, incomplete or collected in violation of law. You may update or correct information about yourself by writing to the LiveBarn Group’s Privacy Officer, as further described below. We endeavour to respond to your written request promptly. Please note that the LiveBarn Group may be unable to provide you with full access to your personal information if we are prohibited by law or regulatory reasons to do so, or if the information has been securely destroyed. Subject to legal or contractual restrictions, we will provide you with an explanation if we are unable to fulfill your access request.


HOW TO CONTACT US

If you have questions or complaints with respect to our privacy policies and practices or if you wish to request access to, or correction of, your personal information under our care and control, please contact the Privacy Officer at:

LiveBarn Inc.
1010 Sainte Catherine Street West, Suite 1100,
Montreal, Quebec H3B 5L1
Email: contactus@livebarn.com
Attention: Privacy Officer

Inquiries or complaints will be dealt with promptly. The Privacy Officer will acknowledge your query, investigate and provide you with a response within 30 days.


RIGHT TO FILE A COMPLAINT

If you believe the privacy laws relating to the protection of your personal information or our Privacy Policy have not been respected, you may file a complaint with our Privacy Officer at the address listed above. The LiveBarn Group will investigate all complaints. If, after an investigation, your complaint is deemed justified, the LiveBarn Group will take steps it deems appropriate to correct the situation, including, if necessary, amending our policies and practices. If you are not satisfied with the results of the investigation or the corrective measures taken by the LiveBarn Group, you may exercise the remedies available under law by contacting the Office of the Privacy Commissioner of Canada at the address below:

Office of the Privacy Commissioner of Canada
30 Victoria Street
Gatineau, QC K1A 1H3


EUROPEAN UNION CONSUMERS

This section describes the rights you have under the GDPR if you are a consumer residing in the European Union. In addition to the rights described in the sections entitled “How We Obtain Your Consent To The Collection, Use And Disclosure Of Your Personal Information” and “Right to Withdraw Consent”, and subject to certain exemptions, EU data subjects have the following rights in relation to their personal information, which is referred to as ‘personal data’ under the GDPR.

Right to access, correct, and delete your personal data. You have the right to request access to the personal data that we hold about you as well as the following information: (i) the source of your personal data; (ii) the purposes, legal basis and methods of processing; and (iii) the entities or categories of entities to whom your personal data may be transferred.

You also have the right to request that we delete your personal data.

We are not required to comply with your request to delete personal data if the processing of your personal data is necessary for compliance with a legal obligation or for the establishment, exercise, or defence of legal claims.

Right to restrict the processing of your personal data. You have the right to restrict the processing of your personal data in the following circumstances: (i) you contest the accuracy of the personal data; (ii) the processing is unlawful but you wish to restrict rather than prohibit the processing of your personal data; (iii) the purposes for processing your personal data no longer exist, but you require the personal data for the establishment, exercise, or defence of legal claims; or (iv) you have legitimately objected to the processing of your personal data and the processing is therefore restricted pending the verification of whether the legitimate grounds of the controller override your objection.

Please note that we may lawfully continue to process your personal data following a request for restriction:

    if we have your consent;
    to establish, exercise or defend legal claims; or
    to protect the rights of another natural or legal person.

Right to data portability. To the extent that we process your personal data (i) based on your consent or under a contract and (ii) through automated means, you have the right to receive such personal data in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller.

Right to object to the processing of your personal data. You can object to any processing of your personal data which is based on our legitimate interest (or those of a third party) if you believe your fundamental rights and freedoms outweigh such legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests that override your rights and freedoms.

Right to lodge a complaint with your local supervisory authority. You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal data.

We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

How to Exercise Your Rights. If you would like to exercise any of the rights described above, please contact us, using the contact details indicated under the section entitled “How to Contact Us” above.

Before handling your request, we may ask you for additional information to confirm your identity and for security purposes. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

Cross-border Transfer of Information. The LiveBarn Group maintains servers and systems in Canada and the United States. We may subcontract the processing of your personal data to, or otherwise share your personal data with, other third parties in Canada, the United States or countries other than your country of residence. Where the personal data that we collect is transferred to and processed in the United States or anywhere else outside the European Economic Area (EEA) for the purposes described above, we will take steps to ensure that the information receives an adequate level of protection, including by entering into data transfer agreements, using the EU Commission approved standard contractual clauses.


CALIFORNIA CONSUMERS

This section describes the rights you have under the CCPA if you are a consumer residing in California.

The categories of personal information we collect about California consumers (and that we may have collected in the last 12 months) and the purposes for which we collect this personal information are listed, respectively, in sections entitled “How We Collect Personal Information” and “Using and Disclosing Personal Information” of this Privacy Policy. We do not sell your personal information. We may disclose all personal information we collect for business purposes to service providers (and may have done so in the last twelve months), as further detailed in the “Using and Disclosing Personal Information” section of this Privacy Policy.

a. Request to know about the personal information we have collected and disclosed

Once every 12 months, you may submit a verifiable request that we disclose the following information to you:

  • The categories or specific pieces of personal information that we have collected about you in the last 12 months, as well as the sources from which personal information is collected, the business and commercial purposes for collecting it, the categories of third parties with whom we have shared it; and
       
  • The categories of personal information about you that we have disclosed for a business purpose in the last 12 months.


b. Right to request that we delete your personal information

  • You may submit a verifiable request that we delete any personal information that we have collected about you, subject to the exceptions provided by the CCPA.


c. Methods for exercising your rights and verification of your identity

  • You may exercise these rights using one of the methods detailed in the section entitled “How to Contact Us” of the Privacy Policy.
       
  • In accordance with applicable law, we must take steps to verify your identity before fulfilling any of the above requests. If you maintain an account with us, we may verify your identity through existing authentication practices for the account, such as your username and password. We may also verify your identity by matching two or three data points of identifying information you provide to data points we already maintain about you and have determined to be reliable for the purposes of verification, depending on the nature of your request.
       
  • You can authorize an agent to exercise any of these rights on your behalf, but we will take additional measures to verify the legal authority of your agent.


d. Non-discrimination right

We will not, because you have exercised any of the rights detailed in this section, deny you any services, charge different prices or rates for services, or provide you with a different level or quality of services.


CHANGES TO OUR PRIVACY POLICY

The LiveBarn Group reserves the right to modify or supplement this Privacy Policy at any time. If we make changes, we will notify you by posting the updated policy and revising the "Last Updated" date above. We encourage you to review this Privacy Policy whenever you use our services and to stay informed about our information practices and how you can help protect your privacy.