Privacy Policy

This Privacy Policy describes how Huupe Inc. (“Company,” “we,” “us,” or “our”) collects, uses, stores, discloses, processes, and protects information when you access or use:

• huupe.com;
• huupe mobile applications;
• huupe connected products and devices;
• huupe software and firmware;
• customer support services;
• online services, features, content, and related offerings
(collectively, the “Services”).

By using the Services, you acknowledge and agree to this Privacy Policy.

If you do not agree with this Privacy Policy, do not use the Services.

1. Information We Collect

We may collect the following categories of information.

A. Information You Provide Directly

We may collect:
• names;
• usernames;
• profile names;
• email addresses;
• phone numbers;
• billing addresses;
• shipping addresses;
• payment-related information;
• profile images;
• account credentials;
• customer support communications;
• gameplay submissions;
• competition entries; • survey responses;
• social media account information;
• content voluntarily submitted to the Services.

B. Gameplay, Performance, and Device Data

We may collect gameplay-related information and performance metrics, including:

• shot statistics;
• gameplay activity;
• rankings;
• achievements;
• leaderboard participation;
• challenge participation;
• gameplay history;
• training metrics;
• player performance analytics;
• usage statistics;
• connected device diagnostics;
• hardware performance information;
• firmware and software status;
• system telemetry.

C. Camera, Sensor, and Machine Learning Data

Certain huupe products may use cameras, sensors, motion tracking systems, artificial intelligence systems, or machine learning technologies to analyze basketball activity, gameplay, movement, shot mechanics, or related environmental interactions. We may collect:

• motion-related information;
• gameplay tracking information;
• environmental analytics;
• device interaction data;
• anonymized machine learning inputs;
• product optimization data.

We do not intentionally use such information for facial recognition identification purposes.

D. Information Collected Automatically

When you use the Services, we may automatically collect:

• IP addresses;
• browser information;
• device identifiers;
• operating systems;
• device type;
• app usage information;
• browsing activity;
• clickstream data;
• referring URLs;
• session information;
• cookie identifiers;
• geolocation information;
• network information;
• diagnostics;
• crash logs;
• advertising identifiers;
• analytics data.

E. Cookies and Tracking Technologies

We may use:

• cookies;
• pixels;
• SDKs;
• analytics tools;
• session replay technologies;
• advertising technologies;
• local storage;
• tracking scripts;
• similar technologies.

These technologies may be used for:

• analytics;
• advertising;
• personalization;
• fraud prevention;
• product functionality;
• performance monitoring;
• marketing attribution.

F. Social Media Information

If you register or log in through a social media provider, we may receive:

• name;
• email address;
• profile image;
• friend lists;
• public profile information;
• social identifiers;
• other information authorized by the provider.

2. Public Profiles, Statistics, and Leaderboards

Certain features of the Services may publicly display:

• usernames;
• profile images;
• gameplay activity;
• basketball performance statistics;
• shot metrics;
• rankings;
• achievements;
• streaks;
• leaderboards;
• challenge participation;
• profile information;
• gameplay history.

By using the Services, you acknowledge and agree that information associated with public gameplay features may be visible to other users and may remain publicly accessible.

Users are responsible for selecting usernames, profile images, and profile content they are comfortable sharing publicly.

3. How We Use Information

We may use information to:

• provide and operate the Services;
• authenticate users;
• process transactions;
• fulfill orders;
• provide customer support;
• improve products and Services;
• personalize experiences;
• analyze gameplay and performance;
• develop machine learning systems;
• conduct analytics and research;
• detect fraud and abuse;
• maintain security;
• provide updates and notifications;
• administer competitions and events;
• market products and Services;
• enforce agreements and policies;
• comply with legal obligations.

4. Legal Bases for Processing

Where required by law, we process information based on:

• consent;
• performance of a contract;
• legitimate business interests;
• legal obligations;
• protection of vital interests;
• compliance with applicable laws.

5. When We Share Information

We may disclose information to:

• service providers;
• cloud hosting providers;
• payment processors;
• shipping providers;
• analytics providers;
• advertising partners;
• customer support providers;
• social media platforms;
• affiliates;
• legal authorities;
• insurers;
• professional advisors;
• business transaction participants.

We may also disclose information:

• during mergers, acquisitions, financing transactions, or asset sales;
• to enforce our agreements;
• to protect rights, safety, or property;
• to investigate fraud, abuse, or security incidents;
• where required by law.

6. Advertising and Analytics

We may use third-party analytics and advertising providers, including providers that use cookies, pixels, SDKs, or similar technologies. These technologies may collect:

• browsing behavior;
• interactions with our Services;
• device information;
• advertising identifiers;
• online activity across websites and applications. Certain disclosures involving these technologies may constitute “sharing” under California law for purposes of cross-context behavioral advertising.

California residents may opt out as described below.

7. Sale or Sharing of Personal Information

We do not knowingly sell Personal Information for monetary consideration.

However, we may share certain identifiers, device information, browsing activity, or advertising-related data with advertising, analytics, or marketing partners in ways that may constitute “sharing” under California law.

California residents may request to opt out of such sharing. To exercise your rights, contact:
privacy@huupe.com

8. Data Retention

We retain information for as long as reasonably necessary for:

• providing the Services;
• maintaining accounts;
• warranty and support obligations;
• analytics and business operations;
• fraud prevention;
• legal compliance;
• dispute resolution;
• enforcement of agreements.

Retention periods vary depending on:

• the nature of the information;
• legal obligations;
• operational requirements;
• security needs.

We may retain anonymized or aggregated data indefinitely.

9. Data Security

We implement commercially reasonable technical, administrative, and organizational safeguards designed to protect information from unauthorized access, disclosure, alteration, or destruction.

However, no security system is completely secure, and we cannot guarantee absolute security.

Use of the Services is at your own risk.

10. Your Privacy Rights

Depending on your jurisdiction, you may have rights to:

• access Personal Information;
• correct inaccurate information;
• request deletion;
• request portability;
• object to processing;
• withdraw consent;
• limit use of Sensitive Personal Information;
• opt out of targeted advertising or sharing;
• appeal certain privacy decisions.

To exercise your rights, contact:
privacy@huupe.com

We may verify your identity before processing requests. We will not discriminate against users for exercising applicable privacy rights.

11. California Privacy Notice (CCPA/CPRA)

This section applies solely to California residents.

Categories of Personal Information Collected

During the preceding twelve (12) months, we may have collected:

Sources of Information

We may collect information from: • users;

• devices;
• browsers;
• connected products;
• analytics tools;
• advertising technologies;
• payment processors;
• service providers;
• social media platforms.

Purposes for Collection

We may collect and use information for:

• providing Services;
• product improvement;
• analytics;
• advertising;
• fraud prevention;
• personalization;
• customer support;
• legal compliance;
• security;
• research and development.

Retention

We retain Personal Information only as long as reasonably necessary for disclosed business and operational purposes.

California Rights

California residents may request:

• access to Personal Information;
• deletion;
• correction;
• portability;
• information about disclosures;
• opt out of sharing;
• limitation of Sensitive Personal Information processing.

Requests may be submitted to:
privacy@huupe.com

12. Cookie Controls and Do Not Track

Most browsers permit users to control cookies through browser settings.

We currently do not respond to browser-based “Do Not Track” signals.

Users may opt out of certain targeted advertising technologies through browser settings, device settings, or applicable consent tools.

13. SMS Communications

If you opt in to SMS communications, we may send:

• transactional notifications;
• shipping updates;
• customer support communications;
• promotional messages;
• product announcements.

Message and data rates may apply.

Consent to receive SMS messages is not a condition of purchase.

You may opt out at any time by replying STOP.

 14. Children’s Privacy

The Services are not directed to children under thirteen (13) years of age.

We do not knowingly collect Personal Information from children under 13 without verifiable parental consent as required by law.

If we learn we have collected Personal Information from a child under 13 without appropriate consent, we will take reasonable steps to delete such information.

Parents or guardians who believe their child has provided information may contact:
privacy@huupe.com

15. International Transfers

Information may be transferred to and processed in jurisdictions outside your state, province, or country.

By using the Services, you consent to such transfers.

16. Third-Party Services

The Services may contain links to third-party websites, applications, or services.

We are not responsible for third-party privacy practices or content.

Use of third-party services is subject to their respective terms and policies.

Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is stored by Shopify. You may find their privacy notice link(s) here: https://www.shopify.com/legal/privacy.

Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, Twitter, or other social media account.

Application Data. If you use our application(s), we also may collect the following information if you choose to provide us with access or permission:

• Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device's bluetooth, and other features. If you wish to change our access or permissions, you may do so in your device's settings.

• Mobile Device Data. We automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our application(s), we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of our application(s) you accessed.

• Push Notifications. We may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt out from receiving these types of communications, you may turn them off in your device's settings.

This information is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

If you are located in the EU or UK, this section applies to you.

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

• Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time.

• Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.

• Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.

• Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

If you are located in Canada, this section applies to you.

We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.

In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

• If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way

• For investigations and fraud detection and prevention

• For business transactions provided certain conditions are met

• If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim

• For identifying injured, ill, or deceased persons and communicating with next of kin

• If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse

• If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province

• If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records

• If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced

• If the collection is solely for journalistic, artistic, or literary purposes

• If the information is publicly available and is specified by the regulations

DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

HOW DO WE HANDLE YOUR SOCIAL LOGINS?

In Short: If you choose to register or log in to our Services using a social media account, we may have access to certain information about you.

Our Services offer you the ability to register and log in using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, and profile picture, as well as other information you choose to make public on such a social media platform.

We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use, and share your personal information, and how you can set your privacy preferences on their sites and apps.

HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than three (3) months past the termination of the user's account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area (EEA), United Kingdom (UK), and Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the EEA, UK, and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

We will consider and act upon any request in accordance with applicable data protection laws.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or UK data protection authority.

If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

• Log in to your account settings and update your user account.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. You may also opt out of interest-based advertising by advertisers on our Services.

If you have questions or comments about your privacy rights, you may email us at info@huupe.com.

Public Profiles, Statistics, and Leaderboards

Certain features of the Services may allow usernames, profile images, gameplay activity, basketball performance statistics, shot metrics, rankings, achievements, leaderboards, streaks, challenge participation, and related profile information to be publicly displayed within the Services, mobile application, community features, social features, marketing materials, or on huupe-operated websites and platforms.

By using the Services, you acknowledge and agree that information you choose to make public, or information associated with public gameplay and leaderboard functionality, may be visible to other users and may remain publicly accessible.

Users are responsible for selecting usernames and profile content they are comfortable sharing publicly.

DO VIRGINIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of Virginia, you may be granted specific rights regarding access to and use of your personal information.

Virginia CDPA Privacy Notice

Under the Virginia Consumer Data Protection Act (CDPA):

"Consumer" means a natural person who is a resident of the Commonwealth acting only in an individual or household context. It does not include a natural person acting in a commercial or employment context.

"Personal data" means any information that is linked or reasonably linkable to an identified or identifiable natural person. "Personal data" does not include de-identified data or publicly available information.

"Sale of personal data" means the exchange of personal data for monetary consideration.

 If this definition "consumer" applies to you, we must adhere to certain rights and obligations regarding your personal data.

The information we collect, use, and disclose about you will vary depending on how you interact with Huupe, Inc. and our Services.

Your rights with respect to your personal data

• Right to be informed whether or not we are processing your personal data

• Right to access your personal data

• Right to correct inaccuracies in your personal data

• Right to request deletion of your personal data

• Right to obtain a copy of the personal data you previously shared with us

• Right to opt out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling")

huupe, Inc. has not sold any personal data to third parties for business or commercial purposes. huupe, Inc. will not sell personal data in the future belonging to website visitors, users, and other consumers.

Exercise your rights provided under the Virginia CDPA

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email at info@huupe.com, by visiting info@huupe.com, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your rights, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Verification process

We may request that you provide additional information reasonably necessary to verify you and your consumer's request. If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request.

Upon receiving your request, we will respond without undue delay, but in all cases, within forty-five (45) days of receipt. The response period may be extended once by forty-five (45) additional days when reasonably necessary. We will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.

Right to appeal

If we decline to take action regarding your request, we will inform you of our decision and reasoning behind it. If you wish to appeal our decision, please email us at info@huupe.com. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal if denied, you may contact the Attorney General to submit a complaint.

DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at info@huupe.com.

15. SMS COMMUNICATION

a. Purpose of SMS Collection: We collect users' phone numbers to facilitate SMS (text message) communication for purposes such as order notifications, account updates, marketing promotions, and customer service.

b. Consent: By providing your phone number and opting in to receive SMS messages, you consent to receive text messages from us. You may opt in during the checkout process, sign up for promotions, or subscribe to updates.

c. Frequency: You can expect to receive SMS messages from us based on the type of communication you have opted in for. This may include transactional messages, promotional offers, event alerts, and important updates.

d. Content: Examples of SMS messages you may receive include order confirmations, shipment notifications, promotional offers, event invitations, and customer surveys.

e. Opt-out Instructions: You may opt out of receiving SMS messages at any time by replying with "STOP" to the text message received. You may also contact us directly at info@huupe.com to unsubscribe from SMS communications.

f. Data Security: We are committed to protecting your phone number and SMS data. We implement technical and organizational measures to safeguard this information from unauthorized access or disclosure.

g. Data Sharing: We may share your phone number with third-party service providers who assist us in SMS delivery. These providers are contractually obligated to use your information solely for the purpose of SMS delivery and in accordance with our Privacy Policy.

h. Data Retention: We retain your phone number and SMS data only for as long as necessary to fulfill the purposes outlined in this Privacy Policy or as required by law. You may request deletion of your information by contacting us at info@huupe.com.

i. Updates to Privacy Policy: We may update this Privacy Policy periodically to reflect changes in our SMS practices or legal requirements. We will notify you of any material changes and provide an opportunity to review updated terms.

j. Contact Information: If you have any questions or concerns about our SMS practices or this Privacy Policy, please contact us at info@huupe.com.

Children's Privacy Policy

Last Updated: June 20, 2024

Welcome to huupe.com (the "Website"). This Privacy Policy explains how we collect, use, and disclose personal information, especially concerning users aged 13 and under, in compliance with the Children's Online Privacy Protection Act (COPPA).

1. Information We Collect

a. Personal Information for Users 13 and Under:

• We may collect personal information, including but not limited to [email addresses, names, and birthdates] from users aged 13 and under which is up to verifiable parental consent.

b. Non-Personal Information:

• We may also collect non-personal information such as device information, usage patterns, and demographic data.

2. Use of Information

a. We collect personal information for the sole purpose of providing and improving our services. Information collected from users aged 13 and under is done with verifiable parental consent.

b. Non-personal information may be used for analytics, marketing, and to enhance user experience.

c. We do not condition a child’s participation in any of our games, prizes, or any other activities on the child disclosing more information than is reasonably necessary to participate in such activity.

3. Parental Consent

a. For users aged 13 and under, we obtain verifiable parental consent before collecting any personal information. In order for us to collect any information from children 13 or under, parents will provide us with their contact information and full consent to collect, use, or disclose their child’s information.

 b. Parents have the right to review, edit, request deletion, or refuse further collection of their child's personal information.

c. Verifiable parental consent can be obtained by:

 • Obtaining a signed consent form from parents via e-mail, SMS, fax, or e-scan

• Parents using a credit or debit card in connection with a monetary transaction

4. Disclosure of Information

a. We do not disclose personal information collected from users aged 13 and under to third parties, except as required by law or with verifiable parental consent.

b. Non-personal information may be shared with third-party service providers for analytics, advertising, and other legitimate business purposes.

c. We will only disclose personal information to third parties who are capable of maintaining the requisite confidentiality, security, and integrity of such information.

5. Security

We implement and maintain reasonable security measures to ensure children’s confidentiality, integrity, and protect personal information from unauthorized access, disclosure, alteration, or destruction.

6. Your Choices

a. Parents have the right to review, request changes, or delete their child's personal information.

b. Users and parents can opt-out of receiving promotional emails.

c. Parents may refuse to permit their child’s participation in the website. We will delete any parents’ or child’s contact information upon request.

7. Updates to this Privacy Policy

We may update this Privacy Policy periodically. Users will be notified of material changes.

8. Contact Information

If you have any questions or concerns about our privacy practices, please contact us at info@huupe.com.

9. Governing Law

This Privacy Policy is governed by and construed in accordance with the laws of California.

By using the Website, you agree to abide by the terms of this Privacy Policy.

The Effective Date of this entire Privacy Policy (Children’s and Adult Privacy Policy) is [May 16, 2024].