TOCA Football

Privacy Policy

Last Updated: August 16, 2018

This Privacy Policy explains how information about you is collected, used and disclosed by TOCA Football, Inc. and its subsidiaries and affiliated companies (“TOCA”). This Privacy Policy applies to information we collect when you use our websites, mobile applications, and other online products and services (collectively, the “Services”) or when you otherwise interact with us, including via on third party social media sites and through customer service communications.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you.

Collection of Information

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, participate in a contest or promotion, make a purchase, apply to become a licensee, communicate with us via third party social media sites, request customer support or otherwise communicate with us. The types of information we may collect include your name and contact information, your gender, your position, your payment information, business information (if you are applying to be a licensee), and any other information you choose to provide. Our basis for processing your personal data depends on the type of activity and the purpose for which you provided it. Please see the chart provided below for the common ways in which we process your personal data.

Information About Your Training Sessions

When you use the Services as part of your training sessions, we will collect information about your sessions, such as the number and names of players, the time and date of the session, the number and type of exercises, and the number and type of touches. We process this data for purposes of providing the training services which includes monitoring and tracking your performance over time for analytics purposes.

Information We Collect Automatically When You Use the Services

When you access or use our Services, we automatically collect information about you (“Technical Data”), including:

  • Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, internet service provider, and the page you visited before navigating to the Services. Processing of this information is strictly necessary to allow our website to function properly and to deliver the site in a viewable format; or is processed to facilitate our legitimate interest to improve the functionality and utilization of our website.
  • Device Information: We collect information about the computer or mobile device you use to access the Services, including the hardware model, operating system and version, unique device identifiers and mobile network information. Processing of this information is strictly necessary to allow our website to function properly and to deliver the site in a viewable format.
  • Location Information: We may collect general information about your location, such as when you search for or visit a location that uses TOCA products or services or train with a coach that uses TOCA products or services. We process this information in order to provide you with training services which includes monitoring and tracking your performance over time for analytics purposes.
  • Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve the Services and your experience, see which areas and features of our Services are popular and count visits. Web beacons are electronic images that may be used in the Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see our Cookie Policy which is located below.

Information We Collect From Other Sources

We may obtain information from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third parties, including but not limited to identity verification services if you apply to become a licensee, mailing list providers, and publicly available sources. If a friend refers you to the Services, we will collect information about you from your friend. If someone adds you to their account as a family member, we will collect information about you from that person. If you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media site.

Use of Information

We will only use your personal data when allowed by law. Generally, we will use your personal data: (a) where we need to perform the contract we are about to enter into or have entered into with you; (b) where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests; and (c) where we need to comply with a legal or regulatory obligation. Typically, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Below is a chart of some of the common ways in which we process your personal data. We have identified our legitimate interests, where appropriate. Note: we may process your personal data for more than one lawful reason depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

 


  • Purpose/Actvity:
    To respond to requests for information about products and services.
  • Type of Data:
    Name, Email, Phone, General Location (State and Zip Code).
  • Lawful basis for processing including basis of legitimate interest:
    a) In furtherance of performance of a contract with you (or anticipation of a contract)
    b) Consent

  • Purpose/Actvity:
    To deliver our products to you.
  • Type of Data:
    Name, Email, Specific Address
  • Lawful basis for processing including basis of legitimate interest:
    a) Performance of a contract

  • Purpose/Actvity:
    Process payments.
  • Type of Data:
    Name, address, payment card information
  • Lawful basis for processing including basis of legitimate interest:
    a) Performance of a contract

  • Purpose/Actvity:
    Send you technical notices, updates, security alerts and support and administrative messages;
  • Type of Data:
    Name, email address, or other contact information (depending on preference.
  • Lawful basis for processing including basis of legitimate interest:
    a) Performance of a contract with you
    b) Legitimate Interest in ensuring customer satisfaction and providing relevant information to clients.

  • Purpose/Actvity:
    To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
  • Type of Data:
    Technical
  • Lawful basis for processing including basis of legitimate interest:
    a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)

  • Purpose/Actvity:
    To provide you with information and marketing communications about our products and services.
  • Type of Data:
    Name, email address, or other contact information (depending on preference.
  • Lawful basis for processing including basis of legitimate interest:
    a) Consent
    b) Legitimate Interests

  • Purpose/Actvity:
    To communicate with you about products, services, offers, promotions, rewards, and events offered by and others.
  • Type of Data:
    Name, email address, or other contact information (depending on preference.
  • Lawful basis for processing including basis of legitimate interest:
    a) Consent

  • Purpose/Actvity:
    Process and deliver contest entries and rewards.
  • Type of Data:
    Name, contact information, and information provided during contest
  • Lawful basis for processing including basis of legitimate interest:
    a) Consent
    b) Performance of a Contract.

 

U.S. – EU Privacy Shield and U.S. – Swiss Privacy Shield

TOCA complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. TOCA has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, TOCA commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact TOCA at appadmin@tocafootball.com.

TOCA has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit JAMS at https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint.  The services of JAMS are provided at no cost to you.

Under certain conditions, you may be able to invoke binding arbitration to resolve your complaint. TOCA is subject to the investigatory and enforcement powers of the Federal Trade Commission.

If TOCA shares personal data transferred to the U.S. under the Privacy Shield with a third-party service provider that processes such data on TOCA’s behalf, then TOCA will be liable for that third party’s processing in violation of the U.S. Privacy Shield Principles, unless TOCA can prove that it is not responsible for the event giving rise to the damage.

Sharing of Information

We may share information about you as follows or as otherwise described in this Privacy Policy:

  • With the training center or coach who uses TOCA technology to measure your training sessions;
  • With your consent or at your direction;
  • With vendors, consultants and other service providers who need access to such information to carry out work on our behalf, including to send marketing communications on TOCA’s behalf;
  • In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation, including but not limited to meeting national security or law enforcement requirements;
  • If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of TOCA or others; and
  • In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company.

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you. We do not share information with third parties for purposes of allowing those third parties to market to you.

International Data Transfers

TOCA has its headquarters in the United States. Information we collect from you will be transmitted and processed in the United States. Your personal data will be protected subject to this privacy policy and contracts that impose data protections as required by the country where your data was collected. By using the Website, you consent to the transfer, processing, storage and access of your personal data in and/or outside the jurisdiction in which you reside. We collect and transfer to the U.S. personal data only with your consent, to perform a contract with you, or to fulfill a compelling legitimate interest of ours in a manner that does not outweigh your rights and freedoms. Courts and other authorities in the United States may, in certain circumstances, be entitled to access your personal data. If your personal data is collected in the European Union, we will transfer your personal data subject to suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with us and the practices described in this Notice.

Social Sharing Features

The Services may offer social sharing features, including the ability to post your training results with your friends or publicly on social media. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features. We sometimes use external web services on our Services to display content within the web pages, for example to display images or show videos. As with the social sharing features, we cannot prevent these sites, or external domains, from collecting information on your use of this embedded content.

Advertising and Analytics Services Provided by Others

We may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by TOCA and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

Data Retention

We will only retain your personal data for as long as necessary to fulfil 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 data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances you can ask us to delete your data (see “EU Data Subjects Legal Rights”). In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Children’s Privacy

Children can access many parts of the Services and use many of its features without providing us with personal information. However, some content and features of the Services are available only to registered users or require us to collect certain information from them.

If a user has indicated that he or she is a child when trying to create a TOCA account, we will collect his or her parent’s email address and obtain verifiable parental consent before collecting any personal information from or about the child, by sending the parent an email notifying them that the child would like to register and ask the parent to create an account to grant consent for the child to register. If the parent ignores or refuses to register the child, we will delete all contact information from our database within fourteen (14) days of sending such email to the parent. If the parent permits the registration, the child will be granted access to the features described in the notification email. TOCA uses the services of Veratad (a leading age and identity verification company) to verify the parent’s identity by asking for pieces of information such as name, birth date, and physical address. Please note that this information is used solely for purposes of obtaining verifiable parental consent and we do not store this information in our records.

If a parent provides us with information indicating that their child is under the age of thirteen (13), we require the parent to create a member name and password on behalf of the child.

In either event, we will collect, use, and disclose information about children under thirteen (13) as outlined in this privacy policy.

At any time, you may review the child’s personal information maintained by us, require us to change or delete the personal information, and/or refuse to permit us from further collecting or using the child’s information by logging into your child’s account and visiting his or her account profile page, or by sending us an email at appadmin@tocafootball.com.  To protect your child’s privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.

Your Choices

Account Information

You may update, correct or delete information about you at any time by logging into your online account and visiting your account profile page, or by emailing us at appadmin@tocafootball.com.  If you wish to delete or deactivate your account, please email us at appadmin@tocafootball.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this may affect the availability and functionality of our Services. Please see our Cookie Policy, which is located below, for more information.

Promotional Communications

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

EU Data Subjects Privacy Terms

EU data subjects have certain rights with respect to your personal data that we collect and process. We respond to all requests we receive from individuals in the European Economic Area (“EEA”) wishing to exercise their data protection rights in accordance with applicable data protection laws.

  • Access, Correction or Deletion: You may request access to, correction of, or deletion of your personal data. Please note that even if you request for your personal data to be deleted, certain aspects may be retained for us to: meet our legal or regulatory compliance (e.g. maintaining records of transactions you have made with us); exercise, establish or defend legal claims; and to protect against fraudulent or abusive activity on our Service. Data retained for these purposes will be handled as described in the section “Data Retention”, above.
  • Objection: You may object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Restriction: You have the right to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Portability: You have the right to request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw Consent: WIf we have collected and processed your personal data with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent.
  • File a Complaint: You have the right to file a complaint with a supervisory authority about our collection and processing of your personal data.

To file a request or act on one of your rights, please contact us using the contact details provided. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data 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. We try to respond to all legitimate requests within one (1) month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us.

Contact Us

If you have any questions about this Privacy Policy, please contact us at:

Phone: 1.844.444.TOCA
Email: appadmin@tocafootball.com
Mail: TOCA Privacy, 2777 Bristol Street, Suite D. Costa Mesa, CA 92626

Cookie Policy

Our website uses automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including the details of your visit to our Website (traffic data, logs), and information about your computer and internet connection, including your IP address, operating system, and browser type. The technologies we use for this automatic data collection may include cookies, flash cookies, and/or web beacons.

  • About Cookies: A cookie is a piece of code that allows the web server to identify and track activity of the web browser. We use these in order to make websites work more efficiently and analyze our traffic. Cookies are widely used in order to make websites work more efficiently, as well as to provide information to the owners of the website. We may use both “Session Cookies” and “Persistent Cookies” on our website. Session Cookies will be deleted from your computer when you close your browser. Persistent Cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.
  • Types of Cookies: Different cookies are used for different purposes. Our site may use these types of cookies:
  • Strictly necessary cookies: Our website requires the use of these cookies to properly operate or provide necessary functions relating to the services you request. For example, our website uses cookies to identify trusted web traffic.
  • Statistics cookies: These cookies allow us to improve how our website works, by allowing us and our third-party service providers to recognize and count the number of visitors and to see how visitors move around our website when they are using it. These cookies generate aggregate statistics that are not associated with an individualized profile.
  • Preference cookies: These cookies are helpful to improve your website experience, but are not essential. For example, these cookies help us recognize your return to our website and personalize content for you.
  • Marketing cookies: Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.
  • Choosing Your Cookie Settings: You have a choice about the placement of cookies on our website. You can use your web browser to directly block all cookies, or just third-party cookies, through your browser settings. Using your browser settings to block all cookies, including strictly necessary ones, may interfere with proper site operation. Guidance on how to control cookies in popular browsers is contained here:

You can also find additional information on cookie controls and advertisement here:

Google allows users to opt out of tracking by Google Analytics and Google Analytics Demographics and Interest Reporting services. You can adjust your setting here, or download the Google Analytics Opt-Out Browser Add-on.

  • Flash Cookies: Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Web Beacons: Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Registered subscribers can update their communication preferences at any time by contacting us, or you can unsubscribe following the instructions in the individual email communications you receive from us. These do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
  • Do Not Track Signals: We do not currently respond to ‘do not track’ signals and similar settings or mechanisms. When you use the Website, we try to provide a customized experience.
  • Social buttons: We use social buttons to enable our users to share or bookmark web pages. These are buttons for third party social media sites and these sites may log information about your activities on the Internet including on this Website. Please review the respective terms of use and privacy policies of these sites to understand exactly how they use your information and to find out how to opt-out, or delete, such information.
  • External Web Services: We sometimes use external web services on this Website to display content within the web pages of this Website, for example to display images or show videos. As with the social buttons, we cannot prevent these sites, or external domains, from collecting information on your use of this embedded content.
  • Changes to Our Cookie Uses: We will post any changes to the way we use cookies on this page. If the changes materially alter how we use cookies, we will post a notice on our website and request your consent for the materially different use. Please check back frequently to see any updates or changes to our cookie use notice.

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