Who is responsible for the processing of your data?

Technologies ESA Inc.

Address: 1250 Boulevard Rene-Levesque Ouest, Suite 2200 Montreal QC H3B 4W8, Canada.

Contact the Data Protection Office: [email protected]

How will we process your data?

This Privacy Policy (the “Privacy Policy”) describes the privacy practices of Technologies ESA Inc. (“Technologies ESA Inc.”, “We”). The purpose of this Privacy Policy is to inform you about the types of information we collect about you, including information collected when you use games and related services, including, but not limited to, mobile applications. Technologies ESA Inc. strives to help visitors and users of the Applications, Sites, and Services protect their privacy while using our Applications, Sites, and Services. By using the Applications, Sites, and Services, you expressly consent to the use and disclosure of information as described in this Privacy Policy.

1.Information gathering

Generally, you are not required to provide information about yourself when you visit the Services. However, we may ask you for some or all of the following types of information when you register for our Services, sign up to enter contests or sweepstakes, participate in surveys, access various content or features such as stadium check-in, submit comments or content, use a send-a-friend service, or contact us directly with questions or comments.

Contact information such as name, email address and phone number;
Unique identifiers, such as a username or password;
Demographic information, such as gender;
Personal data required for subscription;
Real-time geolocation information;
Background location access;
Communication preferences;
Search queries;
Comments and other information posted in our interactive online forums;
Correspondence and other information you send to us; and additional information we otherwise describe to you at the time of collection or pursuant to your consent.

Our apps are intended to create a unique augmented reality user experience using facial recognition technologies. To make our apps work well for you, we offer tools that apply filters and effects that adjust to the contours of your face, modifying the size and shape of facial features and tracking facial movements. To enable these services, we need to distinguish the shape patterns and forms that make up a digital image of a still or moving face.

We will ask you for separate permissions to enable your camera if necessary. If you change your mind, you can revoke the permission granted at any time after changing your device settings. However, please note that declining or disabling this permission may negatively impact your use of our apps or even affect the functionality of the app.

We will request geolocation permission in real time. This will allow us to provide you with access to various features of our applications to enjoy the best user experience, thus ensuring the correct functioning of all the features that our applications can provide. Whenever you decide, you may reject (“do not allow”) the location access permission within your device settings or select between different privacy options such as “Allow all the time”; “Allow only when the application is in use” or “always ask”.

We use TrueDepth API (ARKit) technologies to create augmented reality effects within the app. The only use of this information in this regard is to provide valuable features to the user. None of the information collected by the TrueDepth API leaves our internal system. We do not share information with third parties, nor do we store or otherwise process data accessed and used through the TrueDepth API. For more information about TrueDepth API technologies, you may visit https://support.apple.com/en-us/HT208108.

Photos created by TrueDepth API are stored until the user decides to delete their account.

If you choose not to provide this information, it may limit our ability to provide some of the above content.

We may also collect certain information automatically when you visit the Services, including:

Your Internet Protocol (IP) address, which is the number automatically assigned to your computer whenever you access the Internet and which can sometimes be used to derive your general geographic area;

Your device type or mobile carrier; Other unique identifiers, including mobile device identification numbers; and advertising identifiers (e.g., IDFA);

Your browser type and operating system;
Sites you visited before and after visiting the Services;

Pages you view and links you click within the Services;

Information collected through cookies, web beacons, local shared objects and other technologies;

Information about your interactions with email messages, such as links clicked and whether messages were received, opened, or forwarded; and Standard Server Log Information.

2.Use of Information

We may use the information we collect through the Services for a variety of purposes or functions, including:

Provide you with products, promotions, services, newsletters, service and application improvements, provide you with information you request, and respond to correspondence we receive from you;

Contact you by email and otherwise provide you with support regarding your account;

Conduct fan behavior analysis to better serve you with offers and content that may be of interest to you;

Maintain or administer the Services, perform business analysis or for other internal purposes to improve the quality of our business, the Services and other products and services we offer;

Additionally, ESA Technologies Inc.’s use of your information will allow you to post stories, comments, content, photos and other information through our interactive online features and tools;

We will use background location access to allow you to check in at defined stadiums or any other locations designated to earn points or virtual coins. You may choose to allow full-time location sharing in the background or only when the app is in use. If you allow full-time location sharing, the app will be able to know your location even when the app is not in use. We will only obtain the location information required to provide you with the services you have requested. Using background geolocation will allow the app to alert you via push notifications when you are within the radius of certain locations you can check in at. If you allow geolocation when the app is in use, you will only be able to check in at locations when you are using the app and within the radius of those locations. We understand that location privacy is important and we respect your privacy by not tracking your location data beyond what is necessary to provide you with the services you have requested.

3.Exchange of information

Exclusive members of Technologies ESA Inc.’s marketing team and IT departments, as well as the third-party vendor that processes fan data on behalf of Technologies ESA Inc., may access and process personal information in connection with their job responsibilities or contractual obligations.

We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect. On occasion, as described below, we may share your personal information with others for the purposes described above:

Service Providers: We may share your information with service providers who perform certain functions or services on our behalf, for example, to host the services, fulfill orders, provide products and services, manage databases, perform analytics, provide customer service, or send communications to us. We may share information with third parties, such as social media platforms, so that they can send personalized communications on our behalf through their platforms. These companies are authorized to use your personal information only as necessary to provide these services to us.

Selected Business Partners: With your prior permission, we may share your information with selected business partners so that they may provide you with special offers, promotional materials, and other materials that may be of interest to you. For example, you may be presented with the opportunity to share certain information with our third-party business partners when you enter a contest or sweepstakes or elect to receive marketing offers or other information. If you do not elect to have your information shared, it will not be shared with such third parties. We take steps to ensure that our partners protect the confidentiality, integrity, and security of any information we share with them. However, we are not responsible for the privacy practices of our business partners, who may use your information for their own purposes.

Third-Party Ad Serving, Audience, and Traffic Measurement Services: We may use third parties to serve advertisements on the Services. These third parties may set their own cookies or similar web technologies to collect information about users’ online activities over time and across different websites.

Administrative or Legal Process: We may disclose your information to third parties to protect the legal rights, safety, and security of Technologies ESA Inc., our corporate affiliates, subsidiaries, business partners, and the users of our Services; enforce our Terms of Use; respond to and resolve claims or complaints; prevent fraud for risk management purposes; and comply with or respond to law enforcement or legal process or a request for cooperation from a government or other entity, whether or not legally required.

Interactive Features: We may share information with third parties when you post information to a user profile or to a public area of the Services, such as a chat room, forum, blog, or other community tool. If you post to these interactive features, it will be publicly available and you may receive unsolicited messages from other parties. We cannot guarantee that parties who have access to such information will respect your privacy. Please use caution when using these features.

Other Parties with Your Consent: We may share information with third parties when you agree to such sharing. For example, if you win a contest or sweepstakes, we may ask your permission to publicly post certain information on the Services that identifies you as a winner.

Aggregate Information: We may share aggregate information, such as demographic and usage statistics, with advertisers, sponsors, or other organizations.

Geolocation Information: We may share your geolocation information with service providers who perform certain functions or services on our behalf. These companies are authorized to use precise geolocation information only as necessary to provide these services to us. We may also share your geolocation information with third parties so that they can provide you with geographically relevant advertising. If you wish to stop the further collection of your geolocation information, whether collected through location services, Bluetooth, or microphone access technology, you may stop this feature from your device settings.

4.User Generated Content

Your permission to use our application is conditioned on the posting and conduct restrictions.

By sharing or posting any User Content while using the App, you agree to the following:
You are solely responsible for the content you upload and publish.

You are solely responsible for your account and the activity on it while registered, logged in, or using your account.

You will not post any information or content that is abusive, obscene, defamatory, racially, sexually, religiously, or otherwise objectionable or offensive to third parties.

You hereby agree that we have the right to determine whether any User Content you share is inappropriate and in violation of these Terms of Use, remove any or all of your Content, and terminate your account with or without notice.

5.Cookies and similar technologies

The Services use technologies such as cookies, beacons, tags, and scripts. These technologies are used for a variety of purposes, such as analyzing trends, administering the Services, analyzing how users interact with the Services, and gathering demographic information. By using the Services, you agree to our use of cookies and similar technologies.

Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Services, but your ability to use certain features may be limited.

We may use mobile analytics software to enable us to better understand the functionality of our Services. This software may record information such as how often you use an application, events that occur within the application, aggregated usage, performance data, and where an application was downloaded from.

6.Advertising

We partner with third-party advertisers to display advertising on the Services. These partners may use cookies and web beacons to collect information about your activities across different websites and services in order to provide you with relevant advertising. To display advertising relevant to your location, the Services may also track your device’s precise geolocation by responding to beacons or inaudible signals sent to your device’s microphone. If you do not want your device’s location tracked by the Services, please opt out of this feature through your device settings.

7.Social networks

You may be able to link an account from a social networking service (e.g., Facebook, Google+, Yahoo! ). This may allow you to use your credentials from the other site or service to log in to certain features of our Services. If you link your account from a third-party site or service, we may collect information from those third-party accounts, and any information we collect will be governed by this Privacy Policy.

8.Links to Other Websites

The Services may contain links to other websites or online services that are operated and maintained by third parties and that are not under our control or maintained by us. Such links do not constitute an endorsement by us of those other websites, the content displayed on them, or the persons or entities associated with them. This Privacy Policy does not apply to this third-party content. We encourage you to review the privacy policies of these third-party websites or services.

9.Data security and data integrity

We have adopted security procedures to help protect against the loss, misuse, interference, disclosure, destruction, alteration and unauthorized access to the information you provide to us. We encrypt the transmission of information using secure socket layer technology (SSL). We also maintain reasonable procedures to help ensure that such data is reliable for its intended use and is accurate, complete and current.

Please note that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to the Services and cannot be held responsible for the theft, destruction, or inadvertent disclosure of your information.

10.Data Retention

We will retain your information only for as long as reasonably necessary for the purposes set out above, taking into account criteria such as applicable statute of limitations rules, legal requirements, and the duration of your use of our mobile applications and receipt of our Services.

The individual has the right to request the deletion of personal data for continued processing, this right is known as “the right to be forgotten”.

Data may still remain in system backup files, which will be deleted periodically. Information can be removed from our database upon request to [email protected]

We undertake to carry out the deletion within one month (30 calendar days). Whenever possible, we will try to complete the request before the deadline.

11.Children’s Privacy

The Services do not knowingly collect, use, or disclose personal information from children under the age of 13. If we are notified that we have collected personal information from a child under the age of 13 in a manner that is inconsistent with the Children’s Online Privacy Protection, we will delete this information as quickly as possible.

12.Communication and access preferences

You may choose to receive promotional emails, newsletters, push notifications, and similar communications from us. You may opt out of receiving our commercial emails by clicking on the opt-out or “unsubscribe” link included in the commercial emails you receive. You may opt out of receiving push notifications by disabling push notifications on your device. Please note that opt-out requests may take some time to become effective.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

13.Changes to this privacy policy

We may update this Privacy Policy to reflect changes in our information practices. We encourage you to periodically review this page for the latest information on our privacy practices.

14.International users

Please note that the Services are directed to users residing in Latin America. Our website is hosted in Canada. By using the Services, you consent to the collection, storage, processing and transfer of your information in and to Canada, in accordance with the laws of Canada. While some of these countries may not offer the same level of privacy protection as yours, we are committed to upholding the privacy protections explained in this Policy and take appropriate steps to ensure that recipients of your information are bound by duties of confidentiality and, where appropriate, we implement measures such as standard contractual data protection clauses to ensure that any transferred information remains protected and secure.

15.Users from the European Union

This section of the Privacy Policy applies only if you use our website or the Services covered by this Privacy Policy from a country that is a Member State of the European Union (the “EU”) and supplements the information in this Privacy Policy.

In compliance with the provisions of current legislation on data protection, and in the context of the new regulatory framework established pursuant to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the “General Regulation”), and national regulations on the protection of personal data, we inform you that the personal data you provide to us (hereinafter the “Data”) will be subject to processing by Technologies ESA Inc.

In addition to collecting and processing your Personal Data through your use of the Services, as described in this Privacy Policy (see the section titled “Information Collection”).

Technologies ESA Inc. is the data controller for the processing of information defined as personal data under applicable data protection law (“Personal Data”) when you use the Services.

In some cases, we may be required to provide you with Personal Data for processing as described above, so that we can provide you with all of our Services and for you to use all of the features of our website and Services.

Automated decision-making: We use automated decision-making technologies, including profiling, to support our data processing activities. Our automated decision-making capabilities include logic that will send messages triggered based on data or fan behavior. By using this logic, it helps us provide a better experience for fans or you – this means you will receive messages based on data you have provided (e.g. a birthday email) or behavior (watching a video).

Your rights: You may have the right, in accordance with applicable law, to object to or request restriction of processing of your Personal Data, and to request access to, rectification (for example, if your Personal Data changes or is out of date), erasure and portability of your own Personal Data in certain circumstances. Requests should be submitted by contacting us by email at [email protected]

If you become aware of any changes or inaccuracies in your information, you must inform us of such changes so that our records can be updated or corrected. You may lodge a complaint with your local supervisory authority if you consider that our processing of your Personal Data infringes applicable laws.