2a(i). Confidential Information: Confidential information means any information disclosed by and between N-LITE Performance and its customers, either directly or indirectly, in writing, orally or by inspection of tangible or intangible objects, including without limitation documents, business plans, source code, software, documentation, financial analysis, marketing plans, customer names, customer list and customer data (hereinafter the “Confidential Information”.) Confidential Information may also include information disclosed to a party by third parties at the direction of a Disclosing Party. Confidential Information shall not, however, include any information which the Receiving party can establish (i) was publicly known and generally available in the public domain prior to the time of disclosure; (ii) becomes publicly known and made generally available after disclosure through no action or inaction of Receiving Party; or (iii) is in the possession of Receiving Party, without confidentiality restrictions, at the time of disclosure by the Disclosing Party as shown by Receiving Party’s files and records immediately prior to the time of disclosure. The party disclosing the Confidential Information shall be referred to as the “Disclosing Party” in the Agreement and the party receiving the Confidential Information shall be referred to as “Receiving Party” in the Agreement.

2a(ii). Non-use and Non-disclosure: N-LITE Performance agrees not to disclose any Confidential Information to third parties or to its employees, except to: (1) those employees who are required to have the information in order to provide technical support in the use of its software platform on behalf of Customer; and (2) third party agents and companies acting on N-LITE Performance’s behalf who perform functions to enable N-LITE Performance to provide its Services. This means we may share information about you that can identify you personally with service providers or agents in order to have them perform on our behalf any of the activities we are permitted to conduct under this Privacy Policy and our Terms of Use including but not limited to website design, sending email communications, fraud detection and prevention, customer care, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, providing customer service or performing analytics. These third parties are acting on our behalf so while they may have access to your information they’re required to follow our instructions and meet the standards explained in our Privacy Policy when handling information about you that we provide them. N-LITE Performance shall not disseminate Customer’s Confidential Information unless otherwise stated hereunder.

3. Maintenance of Confidentiality Information: N-LITE Performance agrees that it shall take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. Without limiting the foregoing, N-LITE Performance shall take at least those measures that N-LITE Performance takes to protect its own most highly confidential information and shall have its employees, if any, who have access to Confidential Information sign a non-use and non-disclosure agreement in content substantially similar to the provisions hereof, prior to any disclosure of Confidential Information to such employees. N-LITE Performance shall not make any copies of Confidential Information unless the same are previously approved in writing by Customer. N-LITE Performance shall reproduce Customer’s proprietary rights notices on any such approved copies, in the same manner in which such notices were set forth in or on the original. N-LITE Performance shall immediately notify Customers in the event of any unauthorized use or disclosure of the Confidential Information.

b) How N-LITE Performance Uses Your Information. N-LITE Performance may use your Personal Information it collects (unless otherwise prohibited by applicable law), for the following purposes:

(i) Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to use our paid services, posting material or requesting further services. We may also ask you for information when you report a problem with our Website.

(ii) Account Registration. We may use your name, address, phone number, and email address to register your N-LITE Performance Account for certain Services we provide and to communicate important information to you. We may obtain additional Personal Information about you, such as address change information, from commercially available sources, to keep our records current.  If you set up an administrator account that may be accessed by people other than you, please note that they may see and have the ability to change or delete your Personal Information.

(iia.) Team Information includes information we collect when you register as a team owner, including team name, sport and event information, and contact information of the members of your team. We collect this information for the purposes of advertising and marketing, analytics and research, account creation and management, customer service, and website security and maintenance.

(iii) Records and copies of your correspondence (including e-mail addresses), if you contact us.

(iv) Your responses to surveys that we might ask you to complete for research purposes.

(v) Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

(vi) Your search queries on the Website

(vii) To bill and collect money owed to us by our Customers. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments.

(viii) To send you System Alert messages. For example, we may inform you of temporary or permanent changes to our Services, such as scheduled outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Policy.

(ix) To enforce compliance with our Terms and Conditions and applicable law. This may include developing tools and algorithms that help us prevent violations.

(x) To protect the rights and safety of our Employees, Customers and third parties, as well as our own.

(xi) To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms which includes responding to lawful requests by public authorities, including to meet national security or law enforcement requirements.

(xii) To communicate with our Customers in response to questions and concerns, about their account and provide customer support.

(xiii) To Let You Know About Other Services.  We may use your information to communicate with you about our Services and to give you offers for third party products and services that may be of use to you.

(xiv) To Improve Services and Develop New Services. We may use your information or your clients’ information to personalize or customize your experience to develop new features or services, and to improve the overall quality of N-LITE Performance’s Services. We may use your information or your clients’ information to personalize or customize your experience to develop new features or Products, and to improve the overall quality.. We may (i) compile statistical and other information related to the performance, operation and use of the Products, and (ii) use data from the Products in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes (clauses i and ii are collectively referred to as “Product Analyses”). We may make Product Analyses publicly available; however, Product Analyses will not incorporate Yours or your clients’ Content, Personal Data or Confidential Information in a form that could serve to identify You, your client or any individual. We retain all intellectual property rights in Product Analyses.

(xv) Feedback. We may use any information you volunteer to provide to us in surveys you answer and combine them with answers from other customers in order for us to better understand our Services and how we may improve them.  Of course, answering any survey is optional.

(xvi) To Provide Our Services and Operate Our Business. We may use your information to operate our business, including providing any Services that you have requested, provide you with support related to our Services, and to help us protect our Services, which includes taking action against fraud and protecting your information.

(xvii) Customer Service and Technical Support.  We may use your name, address, phone number, email address, how you interact with our Services, and information about your computer configuration to deal with and resolve questions you may have about our Services and to follow up with you about your experience.

(xviii) Publishing or Sharing Combined Information from Many Users In a Manner that Would Not Allow You, your clients or Any Other Person to be Identified Personally. We may prepare and share information about our customers with third parties, such as advertisers or partners, for research, marketing and/or promotional purposes but only in a way that would not allow you, your clients or any other person to be identified. For example, we may share demographic data that describes the percentage of our customers who use one of our services or who use a specific operating system. We or our third party partners may publicly report the aggregated findings of the research or analysis, but only in a way that would not allow you, your clients or any other person to be identified.

(xix) Selling, Publishing, Disclosing or Sharing Combined Information from Many Users with our partners in order to help our partners market and sell our Offerings pursuant to written agreements with confidentiality, privacy and security obligations. All such information includes data derived from personal information in aggregated, anonymous form and does not identify You, your clients or any individuals.

(xx) To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.

(xxi) To prosecute and defend a court, arbitration, or similar legal proceeding.

(xxiii)  To provide suggestions to you. This includes adding features that compare Customers’ content or communications, using data to suggest products or services that you may be interested in or that may be relevant to you.

(xxiii) To transfer your information in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this Privacy Policy, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our Website.

(xxiv) Customer Testimonials. We might at some point upload Customer testimonials on our Services that may contain Personal Information. Before doing so, we will obtain your consent to use your name and testimonial. If you ever desire to delete a testimonial, please contact us at:  info@nlitesports.com. 

(xxv) Respond to Your Requests. N-LITE Performance may also use Personal Information in order to respond directly to your information requests.

(xxvi) Third Party Social Networks. N-LITE Performance may use your Personal Information to connect with you on third party social networks. N-LITE Performance’s interactions with you on any third party social network would be subject to that network’s privacy policies and terms of use.

(xxvii) We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

(xxvii) Co-Branded Partners. Co-Branded Partners are companies with whom a N-LITE Performance Service jointly offers a service or feature. You can tell when you are accessing a service or feature offered by a Co-Branded Partner because the Co-Branded Partner’s name will be featured prominently. You may be asked to provide information about yourself to register for a service offered with a Co-Branded Partner. In doing so, you may be providing your information to both us and the Co-Branded Partner. Please note that the Co-Branded Partner’s privacy policy may also apply to its use of your information.

(xxviii) Other Persons or Entities. With appropriate consent when required, certain N-LITE Performance Services may share your contact information with third party marketing partners, and they may contact you by email, telephone, postal mail or other common communication methods with marketing and promotional messages about their products or services. Sometimes we will give you the option to receive further communications from one of our advertising partners, for example when we run a competition with that advertiser. When you provide consent to receive communications from that third party advertiser, your personal information will be managed by that third party’s own privacy policy.

(xxix) In order to provide the Services effectively and in accordance with applicable law and the Agreement, N-LITE Performance may monitor and record a user’s use of the Services and User authorizes N-LITE Performance to collect, store and use all such information in accordance with privacy provisions of this Agreement.

c) How Does N-LITE Performance Share Your Personal Information. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

(i) Third Party Service Providers. We do not share your personal information with unaffiliated third parties except agents or companies acting on N-LITE Performance’s behalf who perform functions to enable N-LITE Performance to provide its Services. This means we may share information about you that can identify you personally with service providers or agents in order to have them perform on our behalf any of the activities we are permitted to conduct under this Privacy Policy and our Terms of Use including but not limited to website design, sending email communications, fraud detection and prevention, customer care, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, providing customer service or performing analytics. These third parties are acting on our behalf so while they may have access to your information they’re required to follow our instructions and meet the standards explained in our Privacy Policy when handling information about you that we provide them.

(ii) Selling, Publishing, Disclosing or Sharing Combined Information from Many Users to our partners in order to help our partners market and sell our Offerings pursuant to written agreements with confidentiality, privacy and security obligations. We will create statistical, aggregated data related to our Customers, Users, Customers’ Clients and the Offerings for analytical purposes. Aggregated data includes data derived from personal information in aggregated, anonymous form and does not identify any individuals or customer or user names (such data is referred to as “Aggregate Information”). Subject to applicable laws and regulations we use aggregate information to understand our Customers, Users, Customers’ Clients and the Offerings and to develop, market and/or improve our Offerings. We may provide Aggregate Information to third parties. For example, we may share demographic data that describes the percentage of our customers who use one of our Offerings to analyze usage trends, such as by industry or sector, or to identify KPIs, metrics and benchmark data or other such aggregated information useful to our partners. We or our third party partners may publicly report the aggregated findings of the research or analysis, but only in a way that would not allow you or any other person or company to be identified.

(iii) Selling, Publishing, Disclosing or Sharing Combined Information/Aggregated Data from Many Users to our affiliated companies as defined in subpart (ii) above.

(iv) We do not sell or rent Personal Information to unaffiliated third parties for their advertising or marketing lists;

(v) Professional Advisors: We may share your personal information with professional advisors acting as service providers, processors, or controllers – including our lawyers, bankers, auditors and insurers;

(vi) Partners and Value Added Resellers: if you choose to interact with or use our partners or value added resellers we may share your personal information with them and they may contact you regarding their products or services; 

(vii) Customers with whom you are affiliated: if you use our products, services and offerings as an authorized user of one of our customers, we may share your personal information with your affiliated customer responsible for your access to the products, services and offerings, to the extent necessary for providing our products, services and offerings;

(viii) To 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 the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.

(ix) To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.

(x) To fulfill the purpose for which you provide it. 

(xi) For any other purpose disclosed by us when you provide the information.

(xii) With your consent.

(xiii) Response to Subpoenas and Other Legal Requests.  We may share your information with courts, law enforcement agencies, or other government bodies when we have a good faith belief that we are required or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our company, or to respond to a court order, subpoena, search warrant, or other law enforcement request.

(xiv) Protection of N-LITE Performance and Others. We may share account information, Personal Information and Usage Data when we believe it is appropriate to enforce or apply our products’ Terms of Use and other agreements; or protect the rights, property, or safety of N-LITE Performance, our Offerings, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.  This does not include selling, renting, sharing, or otherwise disclosing Personal Information of our customers for commercial purposes in violation of the commitments set forth in this Privacy Statement.   

(xv) Reporting to Credit Bureaus. We may share your information with credit bureaus, consumer reporting agencies, and card associations.  Late payments, missed payments, or other defaults on your account may be reflected in your credit report and consumer report.  We may also share your information with other companies, lawyers, credit bureaus, agents, government agencies, and card associations in connection with issues related to fraud, credit, or debt collection.

(xvi) Sale of Our Business. If we sell, merge, or transfer any part of our business, we may be required to share your information. If so, you will be asked if you’d like to stop receiving promotional information following any change of control.

(xvii) With your Consent. Other than as set out above, we will provide you with notice and the opportunity to choose when your Personal Information may be shared with other third parties.