PRIVACY POLICY

1. OVERVIEW

This privacy policy (“Policy”) applies to Franklin Sports Inc. (“Franklin Sports,” “we,” or “us”). We strive to deliver outstanding products and service and value our customers’ business and loyalty. We recognize that privacy is an important issue and developed this Policy to explain our practices regarding the personal information we collect on this website, through written or verbal communications with us, through purchases from third party retailers, and from other sources. While this Policy broadly describes the practices we have adopted, local laws vary and some jurisdictions may place restrictions on our collection, use, or disclosure of personal information. Our actual practices in such jurisdictions may be more limited than those described in this Policy to comply with local requirements. If you are a resident of California, please see our California Privacy Notice for additional information regarding our use of personal information.

By accessing or using our websites, submitting information to us, or otherwise agreeing to this Policy, e.g. in the context of purchasing our products or services, or registering for an online account through our website, you understand and consent to our collection and use of your personal information as described herein. By accessing o using our websites, submitting information to us, or otherwise agreeing to this Policy, e.g. in the context of purchasing our products or services, or registering for an online account through our website, you understand and consent to our collection and use of your personal information as described herein.

Please note that this Policy does not apply to our processing of personal information on behalf of and solely at the direction of third parties.

2. PERSONAL INFORMATION WE COLLECT

The exchange of personal information is inherent in every touch point or interaction we have with consumers, thus in conducting every aspect of our business, we may collect personal information. This personal information may include your name, address, phone, products purchased, products viewed, email address, email open behavior, IP address, cookie ID, profile ID, acquisition behavior, purchase behavior, credit card information, web analytics behavior, web analytics reporting, website behavior; and any other types of information that you choose to provide us.

Sources from Which We Receive Personal Information
We receive personal information from the following categories of sources:

• You, the consumer.
• Data analytics providers.
• Distributors and retailers.
• Ecommerce platforms.
• Service providers.

Some of the common ways in which we collect personal information include the following:

Web Store Accounts: For website users that register with us to track orders, quickly reorder products, and store certain information for a faster checkout, we offer the option to create an account on our website. The information we collect through account creation and use includes acquisition behavior, address, billing address, cookie identifier, credit card information, email address, name, phone, products purchased, shipping address, and web analytics reporting.

Social Media: If you choose to participate in or engage with our social media activities or offerings, we may collect certain information from your social media account consistent with your settings within the social media service, such as location, check-ins, activities, interests, photos, status updates and friend list. We may also allow you to enter into contests to provide photos, such as of products you purchased from one of our brands or partners, which you may share with your connections on social media for votes, shared offers or other promotions.

Email: We collect personal information in in the course of communicating via email. The information we collect related to our email communications includes email address, name, address, web analytics reporting, products purchased, and email open behavior.

Automatically Collected Personal Information: By its nature, our websites and apps also automatically collect some personal information about you. In order for you to view or interact with our website or apps, we receive individual identifiers like your IP address and some network information like date and time of pages visited. We may collect this personal information even if you are not logged in. We collect some personal information automatically using cookies or other tracking technologies as described below in Section 6. The personal information automatically collected may be collected by or on behalf of third parties who provide us inferences or aggregate reporting based on analysis of such personal information.

In addition to the information we collect from you directly, we may also infer information about you based on the information you provide to us or from other information we collect.

3. PURPOSES FOR WHICH WE COLLECT PERSONAL INFORMATION

We primarily collect personal information as necessary to provide our customers and partners with sporting goods products. However, we also collect personal information for the following reasons for the purposes of auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards; detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity; debugging to identify and repair errors that impair existing intended functionality; short-term, transient use, provided the personal information that is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction; performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business; undertaking internal research for technological development and demonstration; and undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

4. LIMITED USE

We will only use your personal information for the purposes for which we collected it, unless we reasonably determine we need to use it for another reason and that reason is compatible with the original purpose. For example, we consider de-identification, aggregation, and other forms of anonymization of personal information to be compatible with the purposes listed above and in your interest, because the anonymization of such information reduces the likelihood of improper disclosure of that information.

PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL INFORMATION WITHOUT YOUR KNOWLEDGE OR CONSENT, IN COMPLIANCE WITH THE ABOVE RULES, WHERE THIS IS REQUIRED OR PERMITTED BY LAW.

5. HOW WE SHARE PERSONAL INFORMATION

In order to provide you with the best products and services, we share your personal information among our affiliates, service providers, and other third parties as described below.

Third Parties.
We routinely share personal information with the following categories of third parties:

• Advertising Networks.
• Customer Data Platforms.
• Data Analytics Providers.
• Distributors and Retailers.
• Ecommerce Platforms.
• Fulfillment and Order Processing.
• Social Networks.

We do not share personal information with third parties for their direct marketing purposes without your permission.

Service Providers. We may from time to time use business partners, suppliers, and sub-contractors (“Service Providers”) to assist us with the provision of services to you (for example, without limitation, website hosting, app design, maintenance services, database management, web analytics, app analytics, billing, payment processing, fraud protection, credit risk reduction, email communications, marketing, or improvement of services). These Service Providers have access to your personal information only to perform the respective tasks assigned to them on our behalf, and are obligated not to disclose or use it for any other purpose.

Compliance with Laws. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose your personal information to government or law enforcement officials or private parties in response to lawful requests when we believe disclosure or sharing is necessary to comply with any legal obligation, enforce or apply our terms and conditions, respond to claims and legal process, protect our services, members, dealers, our rights and/or the safety of the public or any person, or prevent or stop any illegal, unethical or legally actionable activity (including for the purposes of fraud protection).

Sale or Transfer of Business or Assets. We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company or individual acquires our business, or assets, that company or individual will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Policy.

Other Legitimate Business Purposes. We may also disclose your personal information when it may be necessary for other purposes allowed by applicable law, as reasonably determined by us.

6. COOKIES AND OTHER TRACKING TECHNOLOGIES

The tracking technologies we utilize include the following:

Cookies. We may use different types of cookies when providing different types of web-related services. If you do not know what cookies are, or how to control or delete them, then we recommend you visit www.aboutcookies.org for detailed guidance. Cookies allow us to identify and authenticate visitors, track aggregate behavior, and enable important service features. We use both session ID cookies and persistent cookies. Session ID cookies are used to maintain your browser state as you browse through services, and they expire when you close your browser. A persistent Cookie remains on your hard drive for an extended period, and we use that to identify you should you return to services and want to find information you had previously entered or accessed.

We also contract with analytics services, third-party affiliate services, and third-party advertising companies to collect similar information. These cookies allow the ad servers to recognize your computer each time they send you an online advertisement and compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.

You may disable cookies through your web browser. For information about opting out of these collection services, please see the Your Choices section below.

Web Beacons/Tags. We automatically collect aggregate anonymous information through files embedded in our services and emails known as “web beacons.” We may deliver a web beacon to you through our services from an advertising network with which we have contracted. Web beacons allow third parties to provide anonymized and aggregated auditing, research, and reporting for us. Web beacons also allow us to send email messages in a format users can read, and they tell us whether emails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to users. We do not tie the information gathered by web beacons to personal information.

Flash LSOs. When we post videos, third parties may use local shared objects, known as “Flash cookies,” to store your preferences for volume control or to personalize certain video features. Flash cookies are different from browser cookies because of the amount and type of data and how the data is stored. The cookie management tools provided by many popular browsers will not remove Flash cookies. To learn how to manage Flash cookie privacy and storage settings, click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.

Analytics. We may use analytics tools or similar tools provided by third parties to help analyze how you and other users utilize our services. Analytics tools use cookies and other tracking technologies to collect information such as how often users visit services, what pages they visit, and what other websites they used prior to visiting our services. We use the information we get from analytics tools only to improve services. Analytics tools collect the IP address or other unique identifier assigned to you on the date you visited services. We do not combine the information generated through the use of analytics tools with your other personal information. Analytics tools provided by third parties plant a persistent cookie on your web browser to identify you as a unique user the next time you visit our website, and the treatment of that information is governed by the third party’s terms of use and/or privacy policy.

Our website utilizes a number of services that collect or process personal information. To learn about each service’s privacy practices, see the following links:

Provider	Link to more information about processing
Facebook	https://www.facebook.com/policy.php
Google	https://policies.google.com/technologies/partner-sites
Magento	https://magento.com/trust/privacy
Mailchimp	https://mailchimp.com/legal/privacy/
Microsoft	https://privacy.microsoft.com/en-us/privacystatement
TikTok	https://www.tiktok.com/legal/privacy-policy?lang=en
Attentive	https://attnl.tv/p/CB2/
Spaaza	https://www.spaaza.com/privacy-policy//

YOU GIVE CONSENT FOR US TO SHARE YOUR DATA WITH THESE PROCESSORS, AND FOR THEM TO TRANSFER THIS INFORMATION ONWARD TO THEIR PARTNERS IN CONNECTION WITH PROVIDING YOU SERVICES.

7. YOUR CHOICES

We provide the following choices to our customers with respect to the personal information we hold. In the interest of privacy and security, we may take reasonable steps to verify your identity before granting requests to access, alter, or delete personal information.

When exercising the rights or options described in this Policy, you will not have to pay a fee. However, we may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive.

When exercising your rights or otherwise assisting you, we may need to request specific information from you to help us confirm your identity. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Access or Correct Your Personal Information. You can access a variety of your personal information that we collect by accessing your respective account, by phone, email, or in writing using the information provided in the Contact Us section below.

Opt-out of Promotional and Other Emails. You may choose during the account registration processes on one of our websites, checkout processes on one of our websites, or otherwise, to provide us with your email address for the purpose of allowing us to send newsletters, surveys, offers, and other materials related to our services. You can stop receiving these emails by following the instructions in those communications or sending a request to the email address in the Contact Us section below. If you decide not to receive these emails, we may still send you communications related to your current or former membership or transactions.

Opt-out of Behavioral Advertising. Our services may use behavioral advertising. This means that a third party may use technology (e.g., a cookie) to collect information about your use of our websites so that they can provide advertising about products and services tailored to your interests. That advertising may appear either on our website, or on other websites not operated by us. If you do not want third parties who collect information about your use of our services, you can opt-out of such at the Digital Advertising Alliance in the US, the Digital Advertising Alliance of Canada in Canada, or the European Digital Advertising Alliance in Europe.

PLEASE NOTE THAT OPTING-OUT OF BEHAVIORAL ADVERTISING DOES NOT MEAN THAT YOU WILL NOT RECEIVE ADVERTISING WHILE USING SERVICES. IT WILL, HOWEVER, EXCLUDE YOU FROM INTEREST-BASED ADVERTISING CONDUCTED THROUGH PARTICIPATING NETWORKS, AS PROVIDED BY THEIR POLICIES AND CHOICE MECHANISMS.

Opt-out of Tracking by Certain Cookies. You may disable, or delete cookies in your Web browser, but doing so may impact the usability of the website. To block cookies, you can also browse our service using your browser's anonymous usage setting (called "Incognito" in Chrome, "InPrivate" for Edge, "Private Browsing" in Firefox and Safari, etc.).

8. INTERNATIONAL TRANSFERS OF INFORMATION

Your personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding personal information may be less stringent than the laws in your country. Therefore, in some circumstances, you might be left without a legal remedy in the event of a privacy breach or other use that is prohibited in your country. By submitting your personal information, you agree to this transfer, storage and/or processing, including all associated risks.

9. INFORMATION SECURITY

No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. We make efforts to protect your personal information from improper or unauthorized loss, misuse, access, disclosure, alteration, or destruction.

10. DATA RETENTION

We will retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we may 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, whether we can achieve those purposes through other means, and the applicable legal requirements.

11. THIRD-PARTY LINKS

Our websites or apps may contain links to other websites or apps. We are not responsible for the privacy practices or the content of these other websites or apps. You should read the policy statement of these others websites or apps to understand their policies. When you access a linked websites or apps, you may be disclosing private information. It is your responsibility to keep such information private and confidential.

12. CHANGES TO THIS PRIVACY POLICY

We may update this Policy from time to time, in our sole discretion. When we do so, we will post the new Policy on our website. You should consult this Policy regularly for any changes. Continued use of services following posting of such changes constitutes your acknowledgement of such changes and agreement to be bound by the changes. If you do not agree, you should immediately discontinue your use of our website and services.

13. CONTACT US

If you have questions regarding this Policy, its appendices, or our treatment of your personal information, you may contact us at:

Franklin Sports Inc.
Attn: Privacy Inquiry
17 Campanelli Parkway,
Stoughton, MA 02072
Toll Free: 877-377-6787
[email protected]

14. NEVADA PRIVACY NOTICE

Under Nevada Law, Nevada residents who have purchased goods or services from us may opt-out of the sale of covered information as defined under Nevada Law. Covered information includes first and last name, address, email address, phone number, or an identifier that allows a specific person to be contacted. If you are a Nevada resident, you may submit a request to opt-out by emailing [email protected]

15. CALIFORNIA PRIVACY NOTICE

Date Last Updated: April 11, 2021

Your California Privacy Rights:
As a California consumer, you have the right to request that we disclose what personal information about you we collect, use, disclose, and sell. More specifically, you have rights to the following upon submission of a verifiable request:

Right to Know
You have the right to know, upon submission of a verifiable request, the categories of personal information we have collected about you, the categories of sources from which we collect personal information, our business or commercial purpose for collecting or selling personal information, the categories of third parties to whom we share or sell personal information, if any, and the specific pieces of personal information we have collected about you.

In connection with personal information we may sell or disclose for a business purpose, if any, you have the right to know the categories of personal information about you that we sold and the categories of third parties to whom we sold the personal information, and the categories of personal information that we disclosed about you for a business purpose, and the categories of third parties to whom we disclosed personal information for a business purpose.

Right to Deletion
You have the right to deletion, upon your submission of a verifiable request, of your personal information from our records, and to have us direct our service providers delete your personal information from their records, subject to the exceptions below.

We are not required to, and reserve our right not to, delete your personal information it if is necessary to complete the transaction for which the personal information was collected or reasonably anticipated within the context of our ongoing business relationship with you, provide a good or service requested by you, or otherwise perform a contract between you and us; detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity; debug, identify, or repair errors that impair existing intended functionality; exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; comply with the California Electronic Communications Privacy Act; enable solely internal uses that are reasonably aligned with your expectations based on the your relationship with us; comply with an existing legal obligation; and otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Right to Opt-out of the Sale of Personal Information
A “sale” under California law is defined as any transfer of personal information for value. Because personal information is valuable to many businesses, many commonplace transfers are considered to be sales under the law. You have the right to opt-out of the sale of your personal information.

Right to Freedom from Discrimination
You have the right to not be discriminated against by us if you exercise any of your rights under the California Consumer Privacy Act. This means we cannot do any of the following on the basis of your exercise of these rights: deny goods or services to you; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to you; or suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Notice of Financial Incentive
You have the right to receive this notice of financial incentive. This notice of financial incentive is to provide you with information regarding any financial incentive or price or service difference that we may provide in exchange for your personal information.

We provide benefits to people who are enrolled in our loyalty program. In order to participate in our loyalty program, you may provide personal information from time to time, directly or indirectly, in exchange for reward points, price differences, or other financial incentives. You can opt into the loyalty program by submitting your personal information that is requested when enrolling in the loyalty program. The purpose of our loyalty program is to encourage your repeat business with us and enhance your shopping experience. We will not discriminate against you for exercising your rights under the CCPA, you are free to opt-out of the loyalty program at any time by contacting us at [email protected].

Each financial incentive or price or service difference related to your submission and use of personal information is based upon our reasonable determination of the estimated value of such information. Our reasonable determination takes into consideration, without limitation, estimates regarding the anticipated revenue generated from such information, the anticipated expenses which might be incurred in the incurred in the collection, storage, and use of such information in the operation of our business, as permitted under the CCPA.

The benefits provided to you vary depending on your purchases made, which offers you take advantage of, and several other factors. We also incur a variety of expenses related to this loyalty program. Those may include costs associated with discounts on purchases, free shipping, and other offerings. These benefits are reasonably related to the value of the data you provide.

For more information about our loyalty program, please click here.

Children’s Personal Information
We do not knowingly collect personal information from individuals under eighteen (18) years of age, and do not sell the personal information of minors under sixteen (16) years of age without affirmative authorization. Our website is available only to individuals and entities that can form legally binding contracts under applicable law. You warrant that you are eighteen (18) years of age or older to use our website. If you do not qualify, you may not use our website. If you are a parent or legal guardian, please do not to allow your children to submit personal information to us.

This website is not directed to children under the age of 13. We adhere to the U.S. federal Children’s Online Privacy Protection Act (“COPPA”) and will not knowingly register or otherwise collect any personal information from any child under the age of 13. We ask that minors under the age of 13 not submit any personal information to us using our website. If you have reason to believe a child under the age of 13 has provided us with any personal information, please contact us at [email protected] and request that such information be deleted from our records.

Categories of Personal Information Collected, Disclosed, and Sold

Category of Personal Information	Information Collected	Categories of Third Parties to Whom Disclosed	Categories of Third Parties to Whom Sold
Individual Identifiers (e.g., real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers)	Yes	Ecommerce Platforms Customer Data Platforms	Advertising Networks
Customer records described in Cal. Civ. Code §1798.80(e)(such as name, address, telephone number, education, employment history, credit card or debit card number)	Yes	Ecommerce Platforms Customer Data Platforms	Advertising Networks
Characteristics of protected classifications under California or Federal law (e.g., gender or age)	No	None	None
Commercial information (e.g., information regarding products or services purchased, obtained, or considered)	Yes	Ecommerce Platforms Customer Data Platforms	None
Biometric information.	No	None	None
Internet or Other Electronic Network Activity Information (e.g., browsing history, search history, and information regarding interactions with our website)	Yes	Customer Data Platforms	Advertising Networks
Geolocation data.	Yes	Data Analytics Providers	Advertising Networks
Audio, electronic, visual, thermal, olfactory, or similar information.	No	None	None
Professional or employment-related information.	No	None	None
Education information.	No	None	None
Inferences drawn from any of the information identified above.	No	None	None

The above chart does not include information collected for employment related purposes or where your communications or transactions with us occur solely in the context of due diligence regarding, or providing or receiving a product or service to or from a company, partnership, sole proprietorship, nonprofit, or government agency on whose behalf you are acting.

The categories of information we collect for employment related purposes are: identifiers; information that identifies, relates to, describes, or is capable of being associated with, a particular individual; characteristics of protected classifications under California or federal law; internet or other electronic network activity; professional or employment-related information; and education information.

How to Exercise Your Rights

Unless otherwise specified, to exercise any of your rights described in this Appendix A, please complete a data subject request form available here; call us toll-free at toll-free-number; or submit your request to us at one of the following addresses: [email protected] or Franklin Sports Inc., 17 Campanelli Parkway, Attn: CA Privacy, Stoughton, MA 02072.

In order to verify your request, you will need to provide us with enough information to identify you (e.g., your full name, address, and customer or matter reference number), proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill), and a description of what right you wish to exercise along with any information to which your requests relates.

You may also designate an authorized agent to make a request under the California Consumer Privacy Act on your behalf. In order to fulfill your request to know or delete submitted by an authorized agent, you must provide the authorized agent written permission to do so, and may require you verify your own identity with us directly.

We reserve our right not to make a data access or portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or someone authorized to act on such person’s behalf. You may only make a data access or data portability request twice within a 12-month period. Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.

To opt-out of the sale of your personal information, visit our homepage and click on the Do Not Sell My Personal Information link, or click here.

Individual customers who reside in California and have provided us their personal information may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must include your name, street address, city, state, and zip code, and be submitted to us at one of the following addresses: [email protected] or Franklin Sports Inc., 17 Campanelli Parkway, Attn: CA Privacy, Stoughton, MA 02072. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.

If you are a California resident under the age of 18, and a registered user of any website where this Policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to [email protected]. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.