Epic Center, Inc. and Epic Fun Center, Inc.
PRIVACY POLICY
Epic Center, Inc., a New York corporation, and Epic Fun Center, Inc., a New York corporation, (jointly and severally, "Epic") operate a website at www.epic-center.com (the "Site") for the purpose of enabling you to (1) learn more about Epic, its sports leagues and its other activities, and (2) if you are over 17 years old, add your name to a list of "free agents" searching for a team in need of additional players. Epic respects your privacy, and this policy covers Epic's processing, protection, transfer and use of information electronically collected from you through the Site or e-mail messages, text messages and other electronic communications.
- Acceptance
You should review this policy carefully, and be sure you understand it, prior to using the Site. Your use of the Site is deemed to be acceptance of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use of, the Site. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.
- Definitions
In this policy:
(a) "Analytical Data" means all Non-Personal Data obtained through the use of session and persistent cookies (or other tracking technologies) and server log files (including, but not limited to, (i) your search terms, (ii) your computer's access date and time, browser, connection speed, Internet service provider, language, location, manufacturer, visit details, and operating system, and (iii) whether or not you opened e-mail messages, text messages and other electronic communications from Epic, and if you did, the times they were opened).
(b) "Collected Data" means all (i) Personal Data and (ii) Non-Personal Data.
(c) "Non-Personal Data" means all information that is not Personal Data (including, but not limited to, any Analytical Data) and that is electronically collected by Epic through the Site and e-mail messages, text messages and other electronic communications.
(d) "Personal Data" means all information electronically collected by Epic through the Site and e-mail messages, text messages and other electronic communications that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, such individual's age, name, e-mail address, gender, and preferred sport, position and level of proficiency)
- Data Collection
All Collected Data obtained from you is provided by you (or by a third party on your behalf) voluntarily, except for any Analytical Data obtained automatically through the Site as set forth in this policy. Regardless of how Epic collects Collected Data, Epic will only collect Personal Data that is (a) relevant to (i) the purposes for which it is provided by you or (ii) Epic's other legitimate business purposes (including, but not limited to, marketing) or (b) required by applicable law. You are responsible for obtaining any approvals, authorizations, consents, permissions and permits that are required in connection with your providing Epic with any information (including, but not limited to, any information relating to a third party).
- Choice
You may refuse to provide any information to Epic at any time by terminating your use of the Site or notifying Epic as set forth in Section 21. If you refuse to provide any information when requested to do so by the Site, you may not be able to access, or otherwise obtain the benefits of, certain features of the Site.
- Electronic Communications
You consent to Epic's sending you e-mail messages, text messages and other electronic communications (a) in connection with your use of the Site, or (b) for any other legitimate business purpose of Epic (including, but not limited to, marketing). Since Epic endeavors to send e-mail messages, text messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages, text messages or other electronic communications at any time by contacting Epic as set forth in Section 21 or following the "unsubscribe" directions contained in such e-mail messages, text messages or other electronic communications.
- Analytical Data
When you access the Site, Epic will collect Analytical Data. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing, cookies, you may not be able to access some features of the Site.
Analytical Data will only be used by Epic (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make the Site more useful to you and other users, and (d) for other legitimate business purposes of Epic (including, but not limited to, marketing). Epic will collect Analytical Data either directly or through third parties acting on its behalf.
- Location
All Personal Data is processed by Epic on servers located at Epic's place of business in Williamsville, New York, and on other servers located at an off-site data center located in Citra, Florida.
- Protection
Epic will use commercially reasonable administrative and technical measures to protect Personal Data from loss and unauthorized access, alteration, destruction, disclosure and use. Such measures shall ensure a level of protection appropriate to the specific risks identified by Epic and in compliance with any applicable law. Even if Epic uses such measures, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Data could be lost or accessed, altered, destroyed, disclosed or used without authorization. In providing any information to Epic, you must assume the risk that Collected Data could be lost or accessed, altered, destroyed, disclosed or used without authorization.
- Use
All Collected Data may be used by Epic for any legitimate business purpose. If Epic expressly states in this policy or in another writing that any Collected Data will only be used for a specific purpose, Epic will only use such Collected Data for such purpose, unless you subsequently consent to its being used for another purpose.
- Transfer
Any Collected Data obtained by Epic, whether or not for a specific purpose, may be transferred to third parties relied upon by Epic in the ordinary course of its business (including, but not limited to, any affiliates, customers, distributors, sub-contractors or vendors of Epic) for any purposes for which Epic could use such Collected Data. All such third parties shall process, protect, transfer and use such Collected Data in accordance with the provisions of this policy and Epic shall continue to remain responsible for such Collected Data.
Epic may also at any time, in its sole discretion, transfer any Collected Data, whether or not you furnished such Collected Data for a specific purpose, to (a) comply with, or as permitted by, any applicable law or lawful request of a government or public authority for purposes of satisfying national security, law enforcement and other similar requirements, (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights, (c) protect the rights, property or legitimate business interests of Epic or a third party, or (d) transfer such Collected Data to a third party acquiring all, or substantially all, of the assets of Epic. If Collected Data is transferred to a third party pursuant to this paragraph, Epic will have no responsibility for any use of such Collected Data, or any action of, the third party to whom or which such Collected Data is transferred or for the failure of such third party to protect such Collected Data.
Except as set forth in clause (d) of the first sentence of the immediately preceding paragraph, Epic does not sell any Personal Data to third parties
- Required Actions
Upon a request by you pursuant to Section 21, Epic will, to the extent required by any applicable law, disclose, delete or take any other action with respect to any Personal Data relating to you that is collected by Epic.
- Data Accuracy
Epic does not warrant or represent that any Personal Data will be accurate or up-to-date. However, upon your request, Epic will grant you access to your Personal Data in the possession, or under the control, of Epic solely for the purpose of correcting or deleting such Personal Data that is inaccurate or has been processed in violation of this policy, except when the burden or expense of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. If you desire access to any Personal Data for such purpose, you must contact Epic in writing as set forth in Section 21.
- Third-Party Sites
The Site may contain links to, or be accessible from, websites (including, but not limited to, social media plugins) provided by third parties (individually a "Third-Party Site"). Your use of a Third-Party Site will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. This policy does not cover the privacy policies or practices of any Third-Party Site, and Epic is not responsible for any information you submit to, or otherwise collected by, any Third-Party Site. Epic is only responsible for Collected Data obtained by it through your use of the Site or any email messages, text messages or other electronic communications received or sent by Epic. You should consult each Third-Party Site for its privacy policy or practice before submitting any information to, or otherwise using, such Third-Party Site.
- Children
The Site is not directed to, or intended to collect information from, children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Data of such child has been submitted to Epic through the Site without the parent's or guardian's consent, Epic will use commercially reasonable measures to remove such Personal Data from Epic's servers at the parent's or guardian's request. To request the removal of such Personal Data, the parent or guardian must contact Epic as set forth in Section 21, and provide all information requested by Epic to assist it in identifying the Personal Data to be removed.
- Applicable Law
This policy shall be governed by, and construed and interpreted in accordance with, the laws of New York, without regard to its principles of conflict of laws.
- Complaints
Any complaint by you regarding any Collected Data, or otherwise relating to this policy, must first be submitted to Epic as set forth in Section 21, and Epic must be given a reasonable opportunity of not less than 30 days to investigate and respond to your complaint. Upon Epic's completing such investigation and so responding, Epic and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of not less than 30 days, you may commence litigation against Epic in connection with the unresolved portion of your complaint only in a court located in Erie County, New York, and having subject matter jurisdiction over your complaint. You consent to any such court's being, and waive any objection (including, but not limited to, any such objection based on inconvenience) to such court's not being, a proper venue for your complaint.
- Entire Agreement
This policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and Epic, with respect to Collected Data.
- Severability
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
- Revisions
Epic may revise any provision of this policy from time to time by posting the revised provision on the Site so long as such revision does not conflict with any applicable law. Any such revision will take effect immediately upon such posting, and will apply to all Collected Data obtained by Epic after such posting. It is your responsibility to periodically check for revisions to this policy on the Site. The latest version of this policy will always be the one posted on the Site.
- Expenses
Except as provided in this policy or by any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing your rights under this policy.
- Contact Information
If you have any questions or complaints, desire additional information, or need to notify Epic of anything regarding any Collected Information or otherwise relating to this policy, please promptly contact Epic as follows:
Epic Center, Inc.
Attn: President
2793 Wehrle Drive
Williamsville, New York 14221
-or-
Epic Fun Center, Inc.
Attn: President
2793 Wehrle Drive
Williamsville, New York 14221
-or-
epicctr@epic-center.com
© 2019 Epic Center, Inc.
All rights reserved.
Effective Date: October 18, 2019
025587.00000 Business 18980006v1
