Last modified: June 22nd, 2023

Dingers, LLC, together with its representatives, consultants, employees, officers, and directors (collectively “Dingers” “we,” “us,” or “our”) operates the website located at https://www.dingers.life (the “Site”) and the physical locations with our virtual baseball/softball batting bays (“Locations”) where our services, features, content, applications, or products offered by Dingers (collectively, the “Services”).

Dingers respects and protects the privacy of the users that use our Services. We maintain strict policies to ensure the privacy of those who use our Services (“End Users,” “you,” or “your”) or those who may just download or access our Site without otherwise using our Services (“Visitors”). This policy (“Privacy Policy”) describes the types of information we may collect from you through the Site or at our Locations and our practices for collecting, using, maintaining, protecting, and disclosing such information. This Privacy Policy also includes a description of certain rights that you may have over information that we may collect from you.

By using the Services, you agree to this Privacy Policy. If you do not agree with our policies and practices, your choice is to not use our Services.

Summary of Data Collection, Disclosure and Sale

Here is a short summary of data, the categories of data we have collected, disclosed, and / or sold over the last twelve months. We do not sell data, however, and the rest of this Privacy Policy provides more in-depth information on our privacy practices.

Identifiers, such as contact details, real name, alias, address, telephone number, unique personal identifiers, online identifiers, IP address, email address, and account name.

Do we collect? Yes

Will we disclose this data as part of our business? Yes

Will we sell this data? No

Categories of PI described in the California Consumer Privacy Act (including name, email, phone number, mailing address, birthday)

Do we collect? Yes

Will we disclose this data as part of our business? Yes

Will we sell this data? No

Commercial information: (Transaction information, purchase history, financial details, and payment information)

Do we collect? Yes

Will we disclose this data as part of our business? Yes

Will we sell this data? No

Geolocation data: (device location)

Do we collect? Yes

Will we disclose this data as part of our business? Yes

Will we sell this data? No

Internet or other electronic network activity information: (Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements)

Do we collect? Yes

Will we disclose this data as part of our business? Yes

Will we sell this data? No

Inferences drawn from other personal information to create a profile about a consumer: (for example, an individual’s preferences and characteristics)

Do we collect? No

Will we disclose this data as part of our business? No

Will we sell this data? No

Biometric information

Do we collect? No

Characteristics of protected classifications under California or federal law

Do we collect? Yes

Audio, visual or similar information

Do we collect? No

Professional or employment related information

Do we collect? No

Non-public education information (per the Family Educational Rights and Privacy Act)

Do we collect? No

INFORMATION THAT DINGERS COLLECTS

Types of Information Collected

Personal Data

“Personal Data” is information by which you may be personally identified. Dingers may collect the following Personal Data from you:

Name;

Email;

Phone Number;

Age;

Gender;

Date of Birth;

Financial information for payment processing.

Your payment information may be collected by third-party vendors, including our payment processors. Such identifying information is not collected or stored by Dingers.

Non-Personal Data

Non-personal data includes any data that cannot be used on its own to identify, trace, or identify a person. We may collect your preferences and feedback and your device information, including IP address, browser type, domain names, access times, physical location and/or webpages visited on the Site.

When non-Personal Data you give to us is combined with Personal Data we collect about you, it will be treated as Personal Data and we will only use it in accordance with this Privacy Policy.

How we collect information

We collect information about you in a couple of ways:

(1) when you provide it do us directly through an interaction with us; for example

When you use the Services;

When you fill out feedback forms and surveys;

When you enter contests or participate in promotions;

When you fill out order forms;

When you pay for Services;

When you contact us for service requests via email or through the Site

(2) through automated collection methods like cookies or log files;

(3) when we obtain the information through a third party, including third party data verification entities, payment processors.

Why we collect and how we use your information. (Legal Basis)

We collect and use your Personal Data when we have a legitimate purpose to do so, including the following reasons:

to verify your eligibility to use the Services;

when it is necessary for the general functioning of the Services, including to facilitate payment or to contact you;

when it is necessary in connection with any contract you have entered into with us (including our terms of service) or to take steps prior to entering into a contract with us;

when we have obtained your prior consent;

when we have a legitimate interest in processing your information for the purpose of providing or improving our Services;

when we have a legitimate interest in using the information for the purpose of contacting you, subject to compliance with applicable law; or

when we have a legitimate interest in using the information for the purpose of detecting, and protecting against, breaches of our policies and applicable laws.

We may use aggregated (anonymized) information about our End Users, and information that does not identify any individual, without restriction.

Accessing and Controlling Your Information

If you would like to prevent us from collecting your information completely, you should cease use of our Services. You can also control certain data via these other methods:

Correction capabilities: You have the ability to access and correct any inaccuracies in your personally identifiable information contacting us through the Site or at our email address provided in the Questions and Comments section below to correct such inaccuracies.

Opt-out of non-essential electronic communications: You may opt out of receiving newsletters and other non-essential messages by using the ‘unsubscribe`’` function included in all such messages. However, you will continue to receive notices and essential transactional emails.

Optional information: You can always choose not to fill in non-mandatory fields when you submit any form linked to our services, such as email address and location in registration.

Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices, such as rights to confirm whether we process personal information of such residents. We provide the same control and rights over your data no matter where you choose to live in the United States. As an End User of the Services, you have the following control over your data:

Right to access: You have the right to access (and obtain a copy of, if required) the categories of personal information that we hold about you, including the information`’`s source, purpose and period of processing, and the persons to whom the information is shared.

Right to rectification: You have the right to update the information we hold about you or to rectify any inaccuracies. Based on the purpose for which we use your information, you can instruct us to add supplemental information about you in our database.

Right to erasure: You have the right to request that we delete your personal information in certain circumstances, such as when it is no longer necessary for the purpose for which it was originally collected.

Right to restriction of processing: You may also have the right to request to restrict the use of your information in certain circumstances, such as when you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Right to data portability: You have the right to transfer your information to a third party in a structured, commonly used and machine-readable format, in circumstances where the information is processed with your consent or by automated means.

Right to object: You have the right to object to the use of your information in certain circumstances, such as the use of your personal information for direct marketing

Exercise Your Data Rights

We acknowledge your right to request access, amendment, or deletion of your data. We also recognize that you have the right to prohibit sale of your data, but we do not sell data.

You can exercise the rights described above, by contacting us through the Site or at our email address provided in the Questions and Comments section below. Only you, or an agent authorized to make a request on your behalf, may make a request related to your personal information.

We cannot respond to your request if, (i) we cannot verify your identity; or (ii) your request lacks sufficient details to help us handle the request. We will make best efforts to respond to your request withing forty-five (45) days of its receipt. If we cannot respond in forty-five (45) days, we will inform you, in writing, the reason for the delay and will respond to your request within ninety (90) days. Any information we provide will only cover the twelve (12) month period preceding the request`’`s receipt.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We are not obligated to provide responses to your data requests more than twice in a twelve (12) -month period.

Automated Data Collection Methods

Cookies

A cookie is a small file placed on the hard drive of your computer. Cookies are used to help us manage and report on your interaction with the Site. Through cookies, we are able to collect information that we use to improve the Services, store and count pageviews, or understand how Users interact with the Site. If you turn off non-essential cookies, your experience on the Services will be significantly impaired or prevented.

Log Files

We use means through the Services to collect IP addresses, browser type, domain names, location data, and access times. We use this information to optimize our platform, verify location, and maintain system security.

How Long do we Store Personal Data?

We will only retain your Personal Data for as long as is reasonably necessary to fulfill the purposes for which it is collected, or to comply with applicable legal requirements, or until you ask us to delete your Personal Data. This length of time may vary according to the nature of your relationship with us. We may delete your Personal Data after a reasonable period of time, including if you have not used our Services for some time, and you may be required to resubmit your information in order to use our Services in the future.

Not Directed to Persons Under 21

Our Services are not intended for anyone under the age of 16, and we do not knowingly collect Personal Data from children under 16. If you are under 16, do not use the Services, make any purchases, or provide any information about yourself to us. If we learn we have collected or received Personal Data from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at the email address listed below.

Do Not Track Settings

We do not track our Users over time and across third party websites to provide targeted advertising and do not specifically respond to Do Not Track (“DNT”) signals.

WHO WE SHARE DATA WITH

We may use aggregated (anonymized) information about our End Users and Visitors, and information that does not identify any individual, without restriction.

We do not sell or otherwise disclose Personal Data specific personal or transactional information to anyone except as described below.

Affiliates and Subsidiaries

We may, for our legitimate interests, share your information with entities under common ownership or control with us who will process your information in a manner consistent with this Privacy Policy and subject to appropriate safeguards. Such parent companies, affiliates, or subsidiaries may be located in the United States.

Successors in Interest

We may, for our legitimate interests, share your information with 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, in which Personal Data about our End Users is among the assets transferred. You will be notified of any such change by a prominent notice displayed on our Services or by e-mail. Any successor in interest to this Privacy Policy will be bound to the Privacy Policy at the time of transfer.

Law enforcement and other governmental agencies

We may share your information when we believe in good faith that such sharing is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. This may involve the sharing of your information with law enforcement, government agencies, courts, and other organizations.

Service Providers

We may, for our legitimate interests, share certain information with contractors, service providers, third party authenticators, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them. Some of the functions that our service providers provide are as follows:

Host server infrastructure and storage;

Business analytics services;

User and identity verification management;

Payment processing;

Site log analytics service for activity, performance, and troubleshooting;

Marketing, sales, and service management; and

Email management services.

THIRD-PARTY SERVICES AND WEBSITES

Dingers is not responsible for the privacy policies or other practices employed by websites linked to, or from, our Site nor the information or content contained therein, and we encourage you to read the privacy statements of any linked third party. This includes sharing information via social media websites.

DATA STORAGE AND HOW DINGERS PROTECTS YOUR INFORMATION

Dingers stores basic End User data on our servers including name, email, and phone number. Payments are not always required by End Users. If an End User makes a purchase and a payment is required, then payment information is processed and stored by our partners or service providers. Personal Data about End Users and Visitors is stored within the United States. The Services are only intended to be used inside the United States by residents of the United States. We do not seek users from outside the United States. If you are using the Services from the EEA or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your Personal Data to the United States. These regions may have laws which are different, and potentially not as protective, as the laws of your own country. By providing your Personal Data, you consent to any transfer and processing in accordance with this Privacy Policy. For the avoidance of doubt, our Site and Services are not intended for any users outside of the United States.

Dingers employs physical, electronic, and managerial control procedures to safeguard and help prevent unauthorized access to your information. We choose these safeguards based on the sensitivity of the information that we collect, process and store and the current state of technology. Our outsourced service providers who support our operations are also vetted to ensure that they too have the appropriate organizational and technical measures in place to protect your information.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your information transmitted to the Services. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. In the event that there is breach in the information that we hold, we shall notify of such breach via email or via notice on the Services.

CHANGES TO THE PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page of the Site. If we make material changes to how we treat our End Users’ or Visitors’ Personal Data, we will notify you by email to the primary email address specified in your account or through a prominent notice on the Site. Such changes will be effective when posted. The date the Privacy Policy was last revised is identified at the top of the page. Your continued use of our Services following the posting of any modification to this Privacy Policy shall constitute your acceptance of the amendments to this Privacy Policy. You can choose to discontinue use of the Services if you do not accept any modified version of this Privacy Policy.

QUESTIONS AND COMMENTS

If you have any questions or comments about this Privacy Policy, or if you would like to file a request about the data we hold or file a deletion request, please contact Customer Support at [email protected].