Privacy Policy

Axon Sports Privacy Policy - Australia

Privacy Policy - Australia (pdf). | Privacy Policy - US/Mexico

1. General

The Axon Sports Privacy Policy (the "Policy") governs your use of Axon Sports’ website located at axonsports.com (the "Axon Site"), which is operated by Axon Sports, LLC. ("Axon Sports") and/or any of Axon Sport's affiliates, and your use of the Computerized Cognitive Assessment Tool (the "CCAT") on the Axon Sports Site or other websites on which the CCAT might appear. This Privacy Policy applies to any and all site users, whether individual adult, a person under 18 years of age (“Child”), or a Child under 13 years of age (“Minor Child”), as well as organizations or individuals who may use the website or purchase CCAT credits or vouchers for distribution to individuals, such as schools, sporting organizations or medical providers (“Institutional Users”). This Privacy Policy also applies to any third party organization authorized by Axon Sports to resell the CCAT to individuals or Institutional Users (“Authorized Resellers”), and any such Authorized Resellers agree to strictly observe and abide by the policies contained within this Privacy Policy as part of the Terms and Conditions of their use of the Axon Sports Site and the CCAT.

2. Registration and Personal Information

Although many aspects of the Axon Sports Site are available to users without having to register or take the CCAT, some of the content and functionality of the Axon Sports Site, including the ability to take and review the results of the CCAT, may require you or your Child to register. If you or your Child register on the Axon Sports Site to take the CCAT or gain access to other content or functionality on the Axon Sports Site, you or your Child will be required to submit information which could be used to personally identify you or your Child (“Personally Identifiable Information"). If you or your Child register to take the CCAT, you may also be required to provide Axon Sports with other personal information including, but not limited to, your CCAT test results, sport and position, dominant hand, and athletic performance characteristics (“Other Personal Information”).

In order for the CCAT and other aspects of the Axon Sports Site to be beneficial to you or your Child and operate in the manner they were designed to operate, it is essential to provide Personally Identifiable Information and Other Personal Information that is accurate and complete, and Axon Sports will retain such information in its database for an indefinite period of time (to the extent permitted by law), unless you request Axon Sports to delete such information. Axon Sports may also be required to delete a Child’s Personally Identifiable information or Other Personal Information if the Child is a Minor Child and a Parent or Guardian (or school if the CCAT test credit or voucher was purchased by the school and distributed to students at that school and the school has obtained written permission from the parents that allows the school to accept the Privacy Policy and Terms of Use on behalf of that Minor Child) fails to accept the Privacy Policy or Terms of Use as agent of that Minor Child at the time of registration or within a reasonable period of time. Once a user has completed a CCAT, the test results of such tests will be stored within the Axon Sports database and becomes part of the Other Personal Information associated with that individual’s user profile.  If you provide Personally Identifiable Information or Other Personal Information of another person to the Axon Sports Site, you must ensure that the other person has read and understood this Privacy Policy, and consents to the provision of the Personally Identifiable Information and Other Personal Information to Axon Sports Site.

Personally Identifiable Information may include any or all of the following for all classes of site users, depending on whether such information is collected directly from individual users, a Child’s or other child user’s parents, or institutions such as medical providers, schools or sports clubs:

  1. User’s name, contact information (email address, mailing address, phone number, date of birth, and sex).
  2. Schools or sports clubs, including contact information (mailing address, phone number and email address).
  3. User’s medical provider, including contact information (mailing address, phone number and email address).
  4. Users parent’s name(s) and contact information (mailing address, phone number and email address).

Axon Sports only collects Personally Identifiable Information and Other Personal Information which is essential to the beneficial use of the Axon Sports Site and the CCAT, and will never collect the following information: Social Security numbers, medical insurance policy information, bank account numbers or other sensitive financial information.

In the event that the Axon Sports Site or CCAT registration calls for payment, Axon Sports may collect additional information needed to process such payments (“Payment Information”), such as information regarding your Credit Card, Pay Pal Accounts or other on-line payment mechanisms. All Payment Information will be encrypted and processed by accredited third party providers, and will not be retained upon successful completion of the transaction, unless you specifically elect to retain such Payment Information in your account.

3. Use by Axon Sports of Information Collected From Site Users

When you register as a user on the Axon Site (or update/change your user profile), Axon Sports collects Personally Identifiable Information and Other Personal Information about you. Axon Sports utilizes this Personally Identifiable Information to provide you with data related to the CCAT, provide you with content that you may request, inform you about new products or services from Axon Sports that may be of interest to you, send emails to you regarding questions about the Axon Site, the CCAT, and to inform you of significant changes to this Policy.
Axon Sports may also use your Personally Identifiable Information and Other Personal Information, along with the information of all or some of the other users of the Axon Sports Site for research purposes (the "Aggregated Data"). Axon Sports may desire to use the Aggregated Data in an effort to discover certain trends in testing results, certain aspects of the CCAT which require refinement, the correlation of the CCAT data with certain characteristics of athletic performance, etc.

4. Sharing of Information Collected From Site Users with Institutional Users

If you or your Child either receive your CCAT voucher from an Institutional User such as a school, sports club or medical provider, or you or your Child elect to share your CCAT results with an Institutional User, some of the Personally Identifiable Information (only Name, Year of Birth, Sex and Dominant Hand) and Other Personal Information collected from you or your Child will be shared with that institution, including CCAT results. The sharing of this information is important to the implementation of the CCAT by an Institutional User as part of a concussion management program, as it allows trainers, physicians and coaches to ensure that each team member has completed an acceptable Baseline and to allow those Institutional Users to access stored Baseline tests in the event of an injury. As a condition of use or purchase of the CCAT vouchers, all Institutional Users commit to abide by the Terms of Use for the Axon Sports Site, including this Privacy Policy. If you accept a test credit or voucher from an Institutional User, that Institutional User will be identified when you or your Child accept that voucher or test credit and register. If you or your Child elects to use that test credit or voucher to register for the CCAT, you will be asked to share some of the Personally Identifiable Information described above and Other Personal information with the Institutional User who provided the test credit or voucher. The information shared will be the Athlete’s name, CCAT results, dominant hand and birth year. If you do not wish to share your information or that of your Child with that Institutional User, you should not accept the test credit or voucher from that Institutional User, and should register directly with Axon Sports and purchase a test credit or voucher for yourself or your Child.

Special Notice for Parents or Guardians of Minor Children (ie younger than 13 years of age):
Sharing of Personally Identifiable Information with any third party is not required in order to register for the Axon Sports Site or take the CCAT. However, if a parent or guardian does not wish to share a Minor Child's Personally Identifiable Information with an Institutional User who has provided a test credit or voucher to that Minor Child, they should only register their Minor Child directly with Axon Sports, and should not use a test credit or voucher provided by an Institutional User.
Sharing of Information Collected From Site Users with Third Parties Provided that you give us consent, and you are 13 years of age or older, Axon Sports may share your Personally Identifiable Information with certain third party Authorized Resellers, or with other marketing and/or service providers (“Axon Sports Partners”). At the time such information is collected, Axon Sports will seek your consent to share this information with Axon Sports Partners, and any User can elect to change or withdraw their consent at any time. Other Personal Information, including CCAT results, will never be shared with Axon Sports Partners. You can change this election at any time, simply by updating your profile information.

Special Notice for Parents or Guardians of Minor Children (ie younger than 13 years of age):
As required by COPPA (Child Online Privacy Protection Act), we are providing parents or guardians notice of all third parties with whom we may seek to share Personally Identifiable Information, and giving the parent or guardian of all Minor Child the option to choose NOT to share such information with that third party. We will not share the Personally Identifiable Information of any Minor Child with any third parties, except when that Minor Child registers using a test credit or voucher purchased from an Authorized Reseller, whether that test credit is purchased either directly by the parent of a Minor Child or purchased by an Institutional User for distribution to a Minor Child.

As part of our agreements with Authorized Resellers, we may seek consent to share with that Authorized Reseller the Personally Identifiable information of all Users who register using test credits or vouchers purchased from that Authorized Reseller, including those who might be younger than 13 years of age. The Authorized Resellers may use that information for internal purposes only and agree to be bound by all the terms and conditions of this Privacy Policy. The Authorized Reseller may use such Personally Identifiable Information for the purpose of sending of marketing communications such as catalogues via the mail or providing email newsletters or communications regarding other products and services that the user might find of interest. At this time, Axon Sports has not authorized any Authorized Resellers. If and when Axon Sports does add any Authorized Resellers, this Privacy Policy will be updated with the name, contact information and principal business of any Authorized Resellers, as well as a specific option for Parents to opt out of such sharing (see below).

You do not have to consent to the sharing of your Child's Personally Identifiable Information in order to register or use the Axon Sports Site or CCAT, even if your Child has registered using a test credit or voucher purchased from an Authorized Reseller.

5. Use of Aggregated Data by Third Parties.

Axon Sports may also use the Aggregated Data, stripped of any Personally Identifiable Data (or any information from which your identity would reasonably be able to be ascertained), to provide third parties with information on user patterns such as the time users spend on a certain portion of the Axon Sports Site, the average age of individuals taking the CCAT, etc. Axon Sports might also provide certain third parties, such as sports equipment manufacturers or research institutions, non-personally identifiable Aggregate Data (for example, information such as the percentage of individuals suffering neurocognitive injury who play certain sports such as football, and the age/sex of such individuals). Axon Sports may receive compensation from such third parties for their use of such information. Axon Sports requires parties who receive Aggregated Data to agree that they will not attempt to make this information personally identifiable, such as by combining it with other databases.

6. Use of the Axon Sports Site by Children

The content on the Axon Sports Site and the CCAT is designed and intended to be used by a Child only with the express consent and under the supervision of a parent or guardian (or, in the case where an Institutional User such as a school, sports club or medical provider is supervising use of the Axon Sports Site or the CCAT and/or distributing CCAT test credits or vouchers to a Child, with the consent and supervision of such Insitutional User acting as the agent of the parent or guardian within the context of a legally binding, written consent form signed by the parent or guardian which is broad enough to cover such consent and supervision). Except for the purposes of obtaining that Parent or Guardian's verifiable consent, as permitted under COPPA, Axon Sports knowingly collects Personally Identifiable Information from a person Axon Sports actually knows is under the age of 13 only with the verifiable consent of a Parent, Guardian or school. Axon Sports does allow a Child's parent or guardian or an Institutional User with authority to act on behalf of the parent to either directly establish a user profile for that child or to provide Axon Sports with verifiable consent to the Child's registration for the Axon Site or the CCAT.
Parents, Guardians or Institutional Users who have been authorized by parents or guardians to register a Child can provide verifiable consent by using any one of the following five methods:

  1. Providing a valid credit card as part of the registration and purchase of a CCAT.
  2. Calling the following number: 1.715-848-1024
  3. Printing and mailing this form (www.axonsports.com/parentalconsentform) to the following address: Axon Sports, LLC 2100 Stewart Ave Ste 201 Wausau WI 54401, USA
  4. By providing a valid electronic signature in response to an email from Axon Sports seeking consent to the registration of a Child.
  5. By registering with your Child, and consenting via digital signature at the time of registration that you are the legal Guardian or Parent and are consenting the Terms of Use and Privacy Policy.

For all users under the age of 18, whether older or younger than 13, the parent or guardian or an authorized Institutional User is solely responsible for providing supervision of the minor's use of the Axon Sports Site and/or the CCAT and a parent or guardian who registers a minor shall assume full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate and complete. Any such parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through the Axon Sports Site and/or the CCAT related to that minor.
If a parent or guardian grants permission to an Institutional User such as a school, sports club or medical provider to register a Child for use of the Axon Sports Site or CCAT, they acknowledge that such Institutional User is responsible for ensuring that the registration information is kept secure and that the information submitted is accurate and complete. In granting permission to the Institutional User to register a Child, the parent or guardian acknowledges that Axon Sports cannot be held responsible for any failure on the part of such Institutional User to abide by the Terms of Use or Privacy Policy to which that Institutional User has agreed as part of the registration or testing process, or for any failure on the part of such Institutional User to adequately safeguard the data collected as part of registration or testing.
At any time, you or the parent or guardian of a Child may request to see the Personally Identifiable Information or Other Personal Information that Axon Sports or an authorized third party may have on your or the Child (as applicable), and may request in writing that such Personally Identifiable Information be permanently deleted from our database, or the database of authorized third parties. Such requests should be directed to:
Axon Sports, LLC
2100 Stewart Ave Ste 201
Wausau WI 54401
USA

Tel: 715.848.1024
Fax: 715.848.1053
Email: customerservice@axonsports.com

7. Axon Sports' Disclosure of your Information.

Except as set forth in this Policy or as specifically agreed to by you, Axon Sports will not disclose any Personally Identifiable Information or Other Personal Information gathered from you on the Axon Sports Site or the CCAT. You agree that Axon Sports may release Personally Identifiable Information or Other Personal Information: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in response to a physical threat to you or others, to protect property or defend or assert legal rights. In the event that Axon Sports is legally compelled to disclose your Personally Identifiable Information or Other Personal Information to a third party, Axon Sports will attempt to notify you unless doing so would violate the law or court order. In addition, we may disclose Personally Identifiable Information as described below.

Axon Sports' programming and service providers may have, or be granted from time-to-time, limited access to your Personally Identifiable Information in the course of providing services to Axon Sports in support of the Axon Sports Site and/or CCAT. Such third party providers may include vendors and suppliers that provide Axon Sports with technology, services, and/or content for the operation and maintenance of the Axon Sports Site and/or CCAT. These contractors also may have access to your email address to send newsletters or special promotions to you on our behalf or to send emails to you for purposes such as conducting market research for Axon Sports, and by using the Axon Sports Site you consent to receive such newsletters, special promotions or marketing research enquiries. Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for Axon Sports. Axon Sports requires all third party service providers to execute binding agreements in which the third party agrees to: (1) protect the privacy of your Personally Identifiable Information consistent with this Policy, and (2) not use or disclose your Personally Identifiable Information for any purpose other than providing Axon Sports with products and services as required by law.

Axon Sports stores Personally Identifiable Information and Other Personal Information in computer servers located in the United States of America or Canada.  If you reside in a country outside these jurisdictions, you consent to Axon Sports transferring your Personally Identifiable Information and Other Personal Information to the above jurisdictions.

8. Axon's Ability to Change the Policy.

Axon Sports reserves the right, in its sole and absolute discretion, to amend this Policy from time-to-time. In the event such an amendment constitutes a "material" change (as defined below) in the collection and/or aggregation of Personally Identifiable Information or Other Personal Information, Axon Sports will notify you in advance of such proposed change and will provide you with an ability to "opt-out" of your registration on the Axon Site. For purposes of this Policy, "material" means a change which expands Axon Sports’ ability to collect, use or disclose Personally Identifiable Information and/or Other Personal Information. If, following notice from Axon Sports regarding an adoption of a material change, you continue to use the Axon Sports Site, such continued use will constitute your acceptance of such material change(s). If you decide that any of the material changes are not acceptable to you then you should immediately stop using the Axon Sports Site.

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