New Start Mobile has developed a proprietary software platform (in the form of a web-based dashboard or console) and associated mobile applications that, among other things, enable staff and athlete communication, including for example tracking and sharing information about guest passes, locations, sports or team handbooks, team schedules and more. The mobile application may be called the “Pocket Team” or maybe white labeled to reflect the name of a specific team or organization.
Structure of this Policy
This policy describes the types of information we may collect from, or about, individuals and how we collect, use, maintain, protect and disclose that information.
Use of the software platform, including the collection, hosting, maintenance and use of data therein, is subject to the agreement in effect between New Start Mobile and its client. Use of the mobile application, including the collection, hosting, maintenance and use of data therein, is subject to the Terms and Conditions.
As used in this privacy policy, the term “Service” means and refers to the use of both, individually and collectively, the software platform and mobile application.
Policy Statement
New Start Mobile recognizes and respects the privacy of our clients (who are sports teams and/or sporting organizations) and individuals (who are athletes, members, staff, administrators, employees and the like of clients).
New Start Mobile recognizes the importance of protecting personal data pertaining to all of New Start Mobile’s clients and all of the individuals. For purposes of this policy, we will use the term “individuals” to refer to all of these people, individually and collectively. We will protect individuals’ information through compliance with this policy.
Questions About this Policy
All individuals should read the policy carefully to understand the policies and practices regarding individual information and how New Start Mobile will treat it.
If any individual has any questions about this policy, or if an individual believes the individual’s privacy has been compromised in the course of using the Services, please contact New Start Mobile at: contact@newstartmobile.com.
When and How Information Is Collected
New Start Mobile obtains information about individuals when: (1) the clients input information about the individual into the software platform; (2) when the individual activates (accepts an invitation to) the individual’s account; and/or (3) when the individual uses the mobile application, such as when the individual responds to questions posed by a team administrator. Although most of the information comes to us through our clients and individuals, some information may come from third parties, such as the geo-location of the individual.
Type of Information Collected Now and In the Future
New Start Mobile collects some or all of the following types of personally identifiable information about an individual:
name;
telephone number;
email address; and
location
In the future, New Start Mobile may collect some or all of the following types of information about an individual:
gender, age and birth date;
address;
other information the individual or the client provides
The Services do not presently include public forums or social media, such as a message board, chat room, discussion group, photo display, or comment section; however, these features may exist in the future and if they do any personal information provided or posted in this format is not protected by this policy and may be collected, shared and used by other individuals (or by New Start Mobile).
Information Collected About Service Usage and Aggregated Information
New Start Mobile collects information about each individual’s activity while using the Services. The activity information we collect may include: an individual’s views, session length (how long an individual uses the Services and the duration of such communications), session clicks or usage flows, and other similar analytics. New Start Mobile might collect information about an individual’s device type, operating system type, information viewed or accessed while using the Services, Internet Protocol addresses and the geographic location of the device used to access the Services. Activity information does not include personally identifiable information, but it may be stored in an access log or related tracking database. New Start Mobile may use activity information for analytics and to measure or understand how the Services are used and how to improve the Services, including for example, to test ideas and uncover insights, customize the mobile application for different user segments and/or better understand individual’s usage to support and retain clients.
New Start Mobile may use anonymous, statistical or aggregated information (including anonymous location information), in a form that does not enable the identification of a specific user, to properly operate the Services, to improve the quality of the Services, to enhance the individual’s experience, to create new services and features, including customized services, to change or cancel existing content or service, and for further internal, business and statistical purposes.
Login Details
Login details for each individual, such as a password, are the responsibility of that individual. The individual is fully accountable for any use or misuse of the Services and the personally identifiable information contained therein as a result of sharing or providing login details to someone else. New Start Mobile recommends that individuals change their passwords frequently and at least every six months.
"Cookies" and Other Tracking Devices
A "cookie" is a small data file sent to a browser from a web server and stored on the user’s computer. If an individual – or any person - accesses the New Start Mobile software platform (or website) using a computer, New Start Mobile may, use cookies for various purposes, such as to save the need to re-enter a username and password each time an individual logs in, to facilitate the use of the software platform, to collect statistical information, to verify information, and to customize the Services to an individual’s preferences and for information security purposes. Some of the cookies may expire when a session ends; other cookies may be saved on a computer’s hard drive. Individuals who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using the New Start Mobile software platform (or website), with the drawback that certain features of the New Start Mobile software platform (or website) may not function properly without the aid of cookies. New Start Mobile may engage third parties to assist in analyzing our business such as Google Analytics to track and report on website traffic. We may provide these third parties non-personal information directly from the cookies to conduct this analysis.
Use of Information Collected
Generally, New Start Mobile uses personal information to operate the Services, specifically to enable New Start Mobile clients to connect and communicate with individuals, to provide a personalized experience for each individual, and to provide relevant information to each individual. New Start Mobile might also use information to send updates, notices, announcement and additional information related to the Services (including through push notifications). New Start Mobile might also use the information to ensure the Services are working as intended, such as troubleshooting problems or tracking outages. New Start Mobile may disclose personal information as may be required by law, in response to legal processes and law enforcement requests and as necessary or appropriate, in New Start Mobile’s view.
Given these general standards, New Start Mobile uses and process individuals’ information, using different technologies for the following purposes:
To facilitate and operate the Services;
To enforce the terms and conditions or the privacy policy;
To contact an individual when New Start Mobile believes it to be necessary;
To comply with any applicable law and assist law enforcement agencies under any applicable law, when New Start Mobile has a good faith belief that New Start Mobile’s cooperation with the law enforcement agencies is legally mandated or meets the applicable legal standards and procedures;
To detect abuse and illegal activity; to detect and prevent fraud, misappropriation, infringements, identity theft and other illegal activities and misuse of the Services;
To take any action in any case of dispute, or legal proceeding of any kind between an individual and the Services, or between an individual, a client and other users in connection with or associated to the use of the Services;
For purposes provided under this privacy policy and the terms and conditions;
To help improve the safety and reliability of our Services and to protect against harm to the rights, property or safety of New Start Mobile, its clients other individuals; and/or
To create aggregated and/or anonymous data (where such data does not enable the identification of a specific user).
New Start Mobile does not provide the personal information to third parties including, but not limited to, those who share or rent information for direct marketing purposes.
Content and Sporting Events (and Disclaimer of Liability)
New Start Mobile has no control over the content a client transmits or provides through the Services, including without limitation, all schedules, events, training, team meetings, first aid, health information, or location of an individual. Thus, New Start Mobile disclaims all liability in this regard. Individuals are advised to carefully and thoroughly review any and information supplied. Similarly, participating in any activities as a result, directly or indirectly, from using New Start Mobile, is entirely at the individual’s own risk or the risk of the client. New Start Mobile is not a party to any agreement entered into between the individuals and clients in any such circumstances. The individual has the sole and ultimate responsibility regarding compliance with all laws, regulations or any other duty. New Start Mobile does not accept any liability for any loss, damage, cost or expense that any client or individual may suffer or incur as a result of or in connection with participation in any activity or event initiated, held or conducted by a client, individual or a third party.
Dispatch Services
The Dispatch feature allows individuals to immediately contact a person, such as a team captain, coach or security personnel, or other service provider identified by a client (a Responder). This feature provides a software platform to enable individuals to connect to a Responder. Thus, by accessing and using the Dispatch feature, the individual consents to the collection, maintenance (such as in a database or log), disclosure (such as to the Responder), transmission (such as to a third party SMS service) and other related uses of the individual’s location and associated data.
There is no guarantee that any Responder will receive a message or that such message will be sent within any specific period of time or that the Responder will take any action. Thus, this feature is not meant to create or replace emergency services and NSM assume no liability in this regard.
Web Site
New Start Mobile does not currently collect personal information about individuals when they interact with the New Start Mobile website, but we may do so in the future. If we do, we will update this policy with more specific information about website tracking and usage. In the meantime, we do collect non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Our purpose in collecting non-personally identifying information is to better understand how New Start Mobile’s visitors use its website. From time to time, New Start Mobile may release non-personally-identifying information in the aggregate, such as by publishing a report on trends in the usage of its website.
Information Security
New Start Mobile implements systems, applications and procedures to secure individuals’ information, to minimize the risk of damage, theft, and loss of information. New Start Mobile uses commercially reasonable efforts to protect all personal information, such as in the following ways:
Encryption - Encryption technologies protect the information by scrambling it as it is sent from one computer or device to another.
System monitoring - Regularly reviewing activity logs allows New Start Mobile to identify potential problems. New Start Mobile also has systems in place to automatically block and help prevent unauthorized access to information. We also review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
Patches - New Start Mobile updates its systems at routine intervals to use current security technology.
Limited Access – New Start Mobile restricts access to personal information to those people who need to know that information in order to conduct New Start Mobile’s business.
Security Measures for Storage – New Start Mobile uses only those hosting providers that meet security requirements necessary to protect the information.
These measures cannot provide absolute assurance. Therefore, New Start Mobile does not guarantee that it’s systems and databases will be immune from misuse, abuse, malfunction or illegal interception or access. Thus, all disclosure of personal information is as is and without New Start Mobile’s warranty, guarantee, or liability.
Deleting your Information and Opting-Out
For all individuals who are citizens or residents of the United States, the individuals who do not agree with this policy and wish to opt-out, must either (i) send an email to contact@newstartmobile.com stating that the individual wishes to opt-out of use of the Services; or (ii) delete the mobile application from the individual’s cellular phone and notify the client that the individual wishes to opt-out of use of the Services.
Upon receipt of such a request, New Start Mobile will use reasonable efforts to delete such information, however information may not be deleted immediately from back-up systems. New Start Mobile will begin a process designed to safely and completely delete the data from storage systems, databases and other infrastructure used in connection with the Services. This process may take several months from the time of commencing the deletion process. As with any deletion process, things like routine maintenance, unexpected outages, bugs, or failures in our protocols may cause delays in the processes and time frames defined in this policy.
Unless and until New Start Mobile receives notice of an individual’s opt-out, either directly from the individual or from the New Start Mobile client, all individuals (except for EU citizens) hereby consent to the use of individual information in accordance with this policy. Upon receipt of the opt-out notice, New Start Mobile will record in the database that the individual has opted-out.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our Privacy Policy. If we make material changes to how we treat individuals’ information, we will place a notice on the New Start Mobile website or in another easily identifiable location. The date the privacy policy was put into effect, or last revised, will remain at the bottom of the page.
Age Restrictions
New Start Mobile does not knowingly collect, maintain or disclose personal information from or about people under the age of thirteen and all individuals under the age of thirteen are prohibited from using the Services. For people over the age of thirteen, but under the age of eighteen, parental authorization is required to use the Services.
Assignment of Terms and Related Entities
If New Start Mobile organizes the operation of the Services within a different framework, or through another legal structure or entity, or if New Start Mobile is acquired by, or merged into or with another entity, or if New Start Mobile enters bankruptcy, these terms shall be equally applicable to the surviving entity; provided however, that those entities agree to be bound by the provisions of this privacy policy.
New Start Mobile may also collect, store, hold and manage personal information through cloud based or hosting services or a third party or a party affiliated or connected to New Start Mobile, as reasonable for business purposes, which may be located in the United States, in the European Union or other countries, including those potentially different than the location of the individual. In any event, New Start Mobile will ensure that any such usage will conform to this policy.
Residents of California
The California Consumer Privacy Act (CCPA) requires specific disclosures for California residents. This policy conforms to the requirements of the CCPA by providing the following information:
the categories of information New Start Mobile collects;
the sources of that information that is being collected;
why New Start Mobile collects data;
how New Start Mobile uses information; and
the circumstances in which New Start Mobile may share information.
The CCPA requires a description of data practices using specific categories, which are all denoted by the section titles contained in this policy. Additionally, New Start Mobile will not discriminate against any individual for exercising privacy rights in compliance with the CCPA.
In accordance with the CCPA, New Start Mobile provides all individuals with the right to access information and request that New Start Mobile delete that information. To can exercise these rights to access, review, update and delete information, as well as export and download a copy of it, individuals must contact the designated individual at the client. If any individual has any questions related to rights under the CCPA, the individual (or an authorized agent) can also contact New Start Mobile at contact@newstartmobile.com
Residents of the European Union and the United Kingdom and
Usage in and Related to the European Economic Area
The collection, storage, modification, deletion and use of information pertaining to citizens and residents of the European Union and the United Kingdom and for other users of the Service within the EU is set forth below in accordance with the General Data Protection Regulation. The term “Personal Data” under the GDPR means any information that is related to an identified or identifiable natural person, such as a name, location data, or identification number. (Art. 4.1 GDPR). New Start Mobile is a data processor as used in the GDPR, which is an entity that processes data on behalf of a controller. New Start Mobile’s clients (sports teams and/or sporting organizations) are controllers as they determine the purpose and means of collecting, maintaining and processing the data. As used in this section, the term “you” means and refers to all individuals for whom the GDPR applies
Exercising Rights Under the GDPR
To exercise your rights to your Personal Data, please contact New Start Mobile through contact@newstartmobile.com. Subject to applicable law and in exceptional circumstances only, we may charge for this service and we will respond to reasonable requests as soon as practicable, and in any event, within the time limits prescribed by law.
You have the following rights:
Right of access to your Personal Data (Art. 15 GDPR): You have the right to ask us for confirmation on whether we are processing your Personal Data, and access to the Personal Data and related information on that processing (e.g., the purposes of the processing, or the categories of Personal Data involved).
Right to correction (Art. 16 GDPR): You have the right to have your Personal Data corrected if it is inaccurate and to have incomplete Personal Data about you completed, as permitted by law.
Right to erasure (Art. 17 GDPR): You have the right to ask us to delete your Personal Data, as permitted by law. This right may be exercised among other things: (i) when your Personal Data is no longer necessary for the purposes for which it was collected or otherwise processed; (ii) when you withdraw consent on which processing is based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR and where there is no other legal ground for processing; (iii) when you object to processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or when you object to the processing pursuant to Art. 21 (2) GDPR; or (iv) when your Personal Data has been unlawfully processed.
Right to restriction of processing (Art. 18 GDPR): You have the right to request the limiting of our processing under limited circumstances, including: (i) when the accuracy of your Personal Data is contested; (ii) when the processing is unlawful and you oppose the erasure of your Personal Data and request the restriction of the use of your Personal Data instead; or (iii) when you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of New Start Mobile override your grounds.
Right to data portability (Art. 20 GDPR): You have the right to receive the Personal Data that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible and as permitted by law.
Right to object (Art. 21 GDPR): You have the right to object to our processing of your Personal Data, as permitted by law. This right is limited to processing based on Art. 6 (1) (e) or (f) GDPR, and includes profiling based on those provisions. After which, we will no longer process your Personal Data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. Furthermore, you have the right to object at any time to processing of Personal Data for direct marketing purposes.
Transfers of Your Personal Data to Other Countries
The Personal Data New Start Mobile processes, and all associated Services and systems, including registration, are housed on servers in the United States. If you are located outside of the United States, please be aware that Personal Data we collect will be processed and stored in the United States (the data protection and privacy laws in the United States may offer a lower level of protections than in your country/region).
In order to use our Services, we may require you to agree to the transfer, storage, and/or processing of your Personal Data in the United States. In other situations where Personal Data is transferred outside of the European Economic Area or the United Kingdom, New Start Mobile leverages other mechanisms for international data transfer including the European Commission-approved standard contractual clauses and consent. You have the right to request a copy of the applicable measure or further information by contacting us.
How we may disclose your Personal Data
The GDPR and national laws of European Union member states implementing the GDPR permit the sharing of Personal Data relating to users who are residents of the European Economic Area with third parties only under certain circumstances. If you reside in the European Economic Area, we will only share your Personal Data as described in this policy if we are permitted to do so under applicable European and national data protection laws and regulations.
Legal Basis for Processing Under the GDPR
When you register for an account or interact with our Services, such processing is necessary for the performance of our Services (Art. 6 (1) (b) GDPR).
For sensitive data as defined in the GDPR, we process such data on the basis of your prior consent (Art. 9(2)(a) GDPR).
For non-sensitive Personal Data which we need in order to perform the Services, such processing is necessary for the performance of our Services (Art. 6 (1) (b) GDPR).
With regard to other non-sensitive Personal Data, we process such data on the basis of our legitimate interest (Art. 6 (1) (f) GDPR), and our legitimate interest is to review, offer, maintain, provide, improve and enhance our Services.
When we leverage and/or collect cookies, device IDs, data from the environment, and other tracking technologies, we process your Personal Data on the basis of your consent (Art. 6 (1) (a) GDPR), and based on our legitimate interest, Art. 6 (1) (f) GDPR, to the extent permitted by applicable law.
When we aggregate or centralize data, or conduct analytics such processing is either necessary for the performance of our Services (Art. 6 (1) (b) GDPR) or we process such data on the basis of our legitimate interest (Art. 6 (1) (f) GDPR), and our legitimate interest is to provide you with better or customized Services.
When we process or share Personal Data in the event of an actual or contemplated sale, or investigate suspected illegal or wrongful activity, we process such data for our legitimate interest in offering, maintaining, providing, and improving our Services, Art. 6 (1) (f) GDPR).
Right to Lodge a Complaint Before the Data Protection Authority
In the event you have a complaint that cannot be resolved by, or addressed to, New Start Mobile, you may lodge a complaint with a competent data protection supervisory authority. Specifically, you may wish to file a complaint with the EU Member State where you reside, work or the place of the alleged infringement. You have the right to do so if you consider that the processing of Personal Data relating to you infringes applicable data protection laws.
[Last revised February 2021]