Privacy Policy
LAST UPDATED: December 3, 2021
IMPORTANT NOTICE:
THIS VERSION OF THE VARISTY CHIPS PRIVACY POLICY WILL BECOME EFFECTIVE ON DECEMBER 3,
2021.
YOU SHOULD CAREFULLY READ THIS PRIVACY POLICY BEFORE INSTALLING OR USING THE VARSITY
CHIPS WEBSITE, INCLUDING UPDATES, UPGRADES, FEATURES, CONTENT AND WEBSITES OFFERED BY
VARSITY CHIPS AND/OR LIVE EVENTS HOSTED BY OR IN CONNECTION WITH VARSITY CHIPS’ WEBSITE.
BY ACCESSING VARSITY CHIPS OR BY USING VARSITY CHIPS’ SERVICES, YOU REPRESENT THAT YOUR
HAVE READ AND CONSENT TO THE TERMS AND CONDITIONS HEREIN, INCLUDING OUR COLLECTION,
USE, STORAGE, DELETION, TRANSFER AND DISCLOSURE OF PERSONAL DATA RELATING TO YOU. IF
YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, YOU MAY
NOT INSTALL OR OTHERWISE ACCESS OUR WEBSITE OR USE OUR SERVICES.
IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS PRIVACY POLICY OR THE WEBSITE, PLEASE
CONTACT US AT WWW.VARSITYCHIPS.COM/CONTACT OR [email protected], 24 HOURS A
DAY, 7 DAYS A WEEK.
THIS PRIVACY POLICY IS ALSO INCORPORATED BY REFERENCE INTO OUR USER AGREEMENT. YOU
SHOULD ALSO READ THE USER AGREEMENT (VarsityChips/user-agreement) IN ITS ENTIRETY AS IT
CONTAINS ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO YOU.
Welcome to Varsity Chips, owned operated by Varsity NFT, LLC, a Delaware corporation, and/or its
affiliates (“Varsity NFT”, “we”, “our” or “us”). We know you care about what information may be
collected from and about you, how such information is used and shared, and the choices you have.
Accordingly, this policy ("Privacy Policy") explains how we collect, use, and disclose your personal and
other information through this website, www.Varsitychips.com, including the mobile version
(collectively, the "Website"), and our mobile application (the "App") if applicable (collectively, our
“Properties”), and any other websites, apps, communications or services we provide (collectively, our
“Services”). We will treat your information in a manner consistent with this Privacy Policy unless you
have consented otherwise. Also, you may opt-out of certain uses and disclosures of your information, as
further explained in this Privacy Policy.
Your Consent: By accessing and using the Properties, you consent to the collection, use, and disclosure
of your information in accordance with this Privacy Policy and you agree to be legally bound by its
terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY, YOU MAY NOT
ACCESS OR USE THE PROPERTIES.
1. Sources of Personal Information
We collect personal information about you from the following sources:
a. Directly From You. We may collect personal information during your access or use of the
Properties and through other online and offline interactions, such as when you sign up for
marketing, make purchases, create an account, contact us for customer service or other
assistance, and participate in promotions.
b. From Your Friends. If you consent, your friends and contacts may provide personal information
about you in connection with a “friend” referral program and for other purposes. You should
only provide us with information about another person if you have the right to provide that
person’s information.
c. Cookies and Tracking Technologies. When you access or use the Properties, we may collect
data about your device, internet usage, location, website activity, and other details about your
use of the Properties through cookies and other tracking technologies. For further information
on these practices, see Section 5 – “Cookies and Other Tracking Technologies.”
d. Service Providers. We may collect personal information from service providers who are
assisting us in the supply of our products or services and carrying out our business, such as to
provide a platform to sell third party products and services and provide customer assistance.
e. Other Third Parties and Publicly Available Information. We may collect personal information
from other third parties that provide information to us, such as Business Partners, advertising
networks, data brokers, government and other public sources, and social media platforms and
networks. “Business Partners” are third parties with whom we share personal information for
their (or their service providers’) own purposes, such as for marketing purposes, and from
whom we may receive personal information. For more information about Business Partners,
see Section 4.f, below.
We may combine information that we receive from the various sources described in this Privacy Policy,
including third-party sources, and use or disclose it for the purposes identified below.
2. Types of Personal Information Collected
We may collect the following types of information about you:
a. Identifiers, characteristics, and other information you provide, such as your contact
information (including your name, email address, postal address, and telephone number),
gender and other demographic information, payment method and payment information,
authentication information you create (such as account password), birthdays, professional and
educational information, and device identifiers (such as advertising IDs, pixel and cookie IDs, IP
address, ICCID).
b. Internet and other electronic activity that is gathered automatically when you visit our
Properties or interact with our App or advertisements, such as browsing and search history,
browser information, device type, app, and OS version.
c. Geolocation information, such as IP-based or precise geolocation information. This may be
collected automatically (such as through our App) or based on information you provide.
d. Commercial information and preferences, such as purchase information, favorite teams and
players, non-fungible tokens and virtual collectibles (“NFTs”), and other preferences.
e. Audio, visual, and similar information, such as when you call us or provide pictures or other
content.
f. Inferences drawn from any of the information we collect to create a profile about you
reflecting your preferences and characteristics.
3. How We Use Your Personal Information
We may use your personal information for the following purposes:
a. To provide you with products and services, such as to respond to your inquiries, process
transactions and payments, fulfill your order, communicate with you, authenticate users, verify
your eligibility for certain programs or benefits, and otherwise facilitate your relationship with
us.
b. For marketing, such as to market Varsity Chips goods and services or goods and services of
those of our affiliates, Business Partners, and other third parties. You can always unsubscribe to
Varsity Chips email marketing via a link in the email. We may make additional methods
available to you from time to time for you to unsubscribe from marketing. In addition, if you
have provided us with a mobile phone number and we have separately obtained your consent
to participate in our SMS marketing campaigns on behalf of ourselves or our affiliated entities,
we may use such information in accordance with that separately obtained consent.
c. For insights, such as to identify trends and make inferences about you and your interactions
with us or our affiliates and Business Partners, such as to analyze your behavior and
preferences, and to evaluate and improve the products and services of our affiliates and
Business Partners.
d. To comply with legal obligations, including keeping records required by law or to evidence our
compliance with laws or to provide information to law enforcement.
e. For internal business and operational purposes, such as:
(i) For our internal business administration, such as to manage customer accounts,
including keeping general records of customers, sales, customer care, and other
interactions;
(ii) Auditing related to our interactions with you;
(iii) For security purposes, such as to protect genuine customers and our business from
fraud, to minimize the risk of false details being used, and to avoid abuse by
fraudsters;
(iv) To manage competitions or other promotions that you have chosen to participate
in;
(v) To comply with contractual obligations;
(vi) To improve or develop our products and services (including our marketing activity
more generally), including operating our Properties and improving or personalizing
your experience (such as building profiles about you or how you interact with us);
and
(vii) For internal research and quality assurance.
We may use de-identified, anonymized, or aggregated versions of your personal information for any
purpose.
4. How We Share Your Personal Information
We, our affiliates, and Business Partners may share your information with each other. We may also
share your personal information with third parties in the ways that are described in this Privacy Policy.
a. Affiliates: We may share your personal information with our affiliates, parents, and
subsidiaries.
b. Service Providers: We may permit our vendors and subcontractors to access your personal
information in connection with performing services for us. For example, in order to process
your transactions, we may share your personal information with certain third parties, such as
your credit card issuer, a third party credit verification company, the product handler, the
delivery service, and vendors who may ship product to you directly from their warehouse
(called drop-ship vendors). Other service provider examples include IT providers, internet
service providers, and data analytics providers. We also use service providers to help us
anticipate, prevent, and detect fraud. Before personal information is disclosed to such a party,
we endeavor to require the party to agree to protect the privacy and confidentiality of your
personal information.
c. With Third Parties to Provide You with Services or Communications: We may disclose your
information to third parties to provide you with services or benefits. For example, if you
participate in our auction programs, we may share your personal information with Business
Partners and other third parties to operate the program.
d. With others for Legal, Security, or Safety Purposes: We may share your personal information: (i)
as required by law or legal process; (ii) to prevent or investigate suspected or possible fraud,
harassment, or other violations of any law, rule, or regulation; and (iii) to prevent or investigate
suspected or possible violations of any terms or policies applicable to the Properties or the
services provided by us or our third party providers or affiliates.
e. In Connection with a Corporate Transaction: We also may transfer your personal information in
connection with a sale, merger, change of control, bankruptcy, or similar transaction.
f. With Business Partners for their Own Purposes: We may share your personal information with
Business Partners. In many cases, such sharing is related to our operation of the Properties,
such as sharing your personal information with a Business Partner (or their service providers),
when you purchase that Business Partner's products or services (e.g., a brand, sports league,
team or university/ college/athletic department). Other examples of Business Partners that
might receive your information include social networks, partners who work with us on
promotional or sponsorship opportunities available on our properties, data analytics
companies and other companies that may use the data to help us drive advertising-related
revenue (including those who may have registered in California as a “data broker”), and
partners who advertise on our sites to measure advertising effectiveness. We do not control
how Business Partners use and share your information once they receive it. You will need to
contact such Business Partners directly for information about their privacy practices or to
exercise rights you may have (including if you would like to opt-out of receiving future emails
from a Business Partner).
g. With other third parties with your consent.
5. Cookies and Other Tracking Technologies
Like many other websites and applications, we may automatically collect certain information regarding
our Properties' users. Such information may include, without limitation, the Internet Protocol ("IP")
address (which may be used to determine your geographic location) of your computer/internet service
provider, your device ID, your zip code, the date and time you access the Properties, the Internet
address of a referring website, the operating system you are using, the sections or pages of the
Properties that you visit, and the images and content viewed. Some of the ways in which we or the
Properties may collect and use such information are further described below.
a. Clickstream Data. As you use the Internet, a trail of electronic information is left at each
website you visit. This information, sometimes referred to as "clickstream data," can be
collected and stored by a website's server. For example, clickstream data can tell the type of
computer and browsing software you use and the address of the website from which you
linked to the Properties. The Properties may collect and use clickstream data for the purposes
described in this Privacy Policy and also as a form of aggregate information to anonymously
determine how much time visitors spend on each page of our Properties, how visitors navigate
throughout the Properties, and how we may tailor our Properties to better meet the needs of
visitors. This information often will be used to improve our Properties and our services.
b. Cookies, Tracking Pixels, and Similar Technologies. The Properties may use cookies, a type of
technology that installs a small amount of information on a user's computer or other device
when they visit a website. Cookies permit a website to, for example, recognize future visits
using that computer or device. The Properties may use other similar technologies (including,
without limitation, tracking pixels, as described further below, and other identifiers) to gather
information. The Properties also may use cookies and similar technologies on the Properties to
customize your visit, to enable us to enhance our service, or for other purposes. For example,
information provided through cookies is used to recognize you as a previous user of the
Properties so you do not have to enter your personal information every time and to offer
personalized content. We may also use and share such information to personalize marketing
(for Varsity Chips or for our affiliates, Business Partners, and other third parties, as further
described in this policy), including as described in the section below regarding Interest-Based
Advertising. You may choose to decline cookies by adjusting your browser preferences, but
doing so may affect your use of the Website and your ability to access certain features of the
Properties or engage in transactions through the Properties. If you delete your cookies, change
browsers or change devices, cookies that the Properties may use (or an opt-out cookie) may no
longer work. Cookies and similar technologies also may be used by our affiliates, a tracking
utility company, and other parties to, for example, make it easier for you to navigate our
Properties and other purposes, or to serve advertisements. We do not have access to or
control over these cookies and technologies and we cannot state whether these parties will
comply with this Privacy Policy.
Additionally, we may employ, either directly or through trusted third parties, tracking pixels.
Tracking pixels are tiny, transparent graphics with a unique identifier, similar in function to
cookies, and are used to provide analytical information concerning the user experience as well
as to support custom marketing activities for users of the Properties. In contrast to cookies,
which are stored on a user's computer hard drive, tracking pixels are embedded invisibly on
web pages. The Properties may use tracking pixels to help us better manage content, such as
by improving the user interface or improving our marketing programs or the marketing of our
affiliates, Business Partners, and other third parties (including for Interest-Based Advertising as
described below). The Properties may use information to create aggregate tracking information
reports regarding user demographics, traffic patterns and purchases. We may also link tracking
information with personal information.
c. Location Information; Push Notifications. The Properties may be collecting your location, geo-
IP, and other similar data. We use this information to help us maintain and enhance the
efficiency and usefulness of the Properties and for other purposes described in this Privacy
Policy (such as marketing). Additionally, we may also receive location data from other third
parties. The Properties may obtain the user's precise location for operational purposes such as
fraud prevention. We may determine your zip code from the location data received from the
mobile device of an App user, and users of the Properties also may elect to provide us with
their zip code directly. We also may enable our App to offer automatic (or "push") notifications.
We will provide push notifications only to those users who permit such notifications. If you
would like to opt out of location based advertising and push notifications, please see the
Choices section below.
d. Cross Device Matching. We may now or in the future have the ability to match your devices
using the data collected, making educated predictions, and, in some cases, using deterministic
data (e.g., unique identifiers) or other content across devices. We may then, subject to the
limitations otherwise set forth in this Privacy Policy and applicable law, display targeted
advertisements to you across your devices unless it is an OptedOut Device (as defined below)
as further described in the Interest-Based Advertising Section below.
e. Device fingerprinting. We or our third-party service providers may analyze and combine sets of
information elements from your device to identify it as a unique device. Information elements
may include IP address, device identifier, browser type, operating system, data regarding
network-connected hardware, login method, and information about your use of the Properties.
To the extent that we or our third-party service providers combine this information with your
personal information, we will treat the combined information as personal information under
this Privacy Policy. Certain information elements such as IP address may, by themselves,
constitute personal information under applicable law.
f. How We Use Information. Information collected by cookies and other tracking technologies
may be collected and shared for the purposes described in this Privacy Policy, such as for
system administration purposes, analytics, and to improve the Properties and our marketing
efforts. We may also use the data to build a better picture of the type of offers and products
that you might be interested in, for "Interest-Based Advertising" (described below) and push
notifications. We also may use general location data, preferences, or other information
received from the Properties, including through your mobile device such as through the App, to
send you tailored marketing messages, including making product recommendations.
Additionally, we may use information to engage in interactive, real-time discussions with users,
which we or the users may initiate. We may also anonymize or aggregate any information
collected using cookies and other tracking technologies and may use and share such data for
any lawful purpose.
6. Blockchain Data
If you use Varsity Chips NFT products, some information is publicly available information and may be
seen by other users of the Varsity Chips blockchain. Publicly available information includes your
blockchain address(es), the time and date your transactions are finalized on the Varsity Chips
blockchain, the amounts and currency denominations of the transactions, and the other blockchain
address(es) that are parties to any transactions you have made on the blockchain.
7. Interest-Based Advertising
We may use information we collect (alone or in combination with information provided by third parties
and service providers) to deliver targeted advertising (about Varsity Chips or other third party products
and services) to you when you visit our Properties or other websites. Information about you (such as
email address) as well as cookies and other tracking technologies (described above) may be used in this
process. For example, if you are searching for information on a particular product, we may use that
information to cause an advertisement to appear on other websites you view with information on that
product. We may, now or in the future, have the ability to engage in “cross-device matching” to display
targeted advertisements to you across browsers and devices (as described in Section 5 above).
To further clarify, we partner with third parties that collect information across various channels,
including offline and online, for purposes of delivering more relevant advertising to you or your
business. Our partners may place or recognize a cookie on your computer, device, or directly in our
emails/communications, and we may share personal information with them if you have submitted such
information to us, such as your name, postal address, email address, or device ID. Our partners use this
information to recognize you across different channels and platforms, including but not limited to,
computers, mobile devices, and Smart TVs, over time for advertising, analytics, attribution, and
reporting purposes.
If you would like to opt-out of these interest-based advertisements or “cross-device matching,” please
see the Opt-Out Process/Options and Additional Terms below in Section 11.
8. Data Retention
We will retain your personal information for as long as your account is active (as determined by us) and
for a reasonable time thereafter, or such other time period as prescribed by law. We also may retain
your personal information for a longer period of time as needed to provide you services or as necessary
to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we
delete some or all of your personal information, we may continue to retain and use aggregate,
anonymous data previously collected and/ or anonymize and aggregate your personal information.
9. Contests and Promotions
If contests or promotions are made available, the applicable contest or promotion rules may include
rules regarding the collection, use, and disclosure of personal information. To the extent that those
specific rules conflict with this Privacy Policy, the contest or promotion rules will supersede this Privacy
Policy with respect to the conflicting terms and the non-conflicting terms of this Privacy Policy and our
Terms of Use will continue to apply.
10. Third-Party Websites and Social Media Services
a. Third-Party Websites. The Properties may contain links to other websites or Internet resources.
When you click on one of those links, you are contacting another website or Internet resource.
We have no responsibility or liability for, or control over, those other websites or resources or
their collection, use and disclosure of your information. We suggest that you read the privacy
policy and terms of use of each such website.
b. Social Media, Widgets and Open Forums. Our Properties may allow you to engage with social
media services, such as Facebook, Twitter, Pinterest and Instagram ("Social Networks"), and
widgets such as the "Share this" button, or interactive mini-programs that run on our
Properties or which link from Social Networks to our Properties ("Social Functions"). These
Social Functions may access, collect, and integrate with your Social Network accounts and
information. For example, these Social Functions may collect your IP address, identify which
page you are visiting on our Properties, or set a cookie. Social Functions may also be used to
register you as a Properties user. For example, if you are not currently registered as a Website
user and you use certain Social Functions, you will be asked to enter your Social Network
credentials and then be given the option to register and join the Website. If you choose to use
these Social Functions, you may be sharing certain Social Network profile elements with us,
including your name, birthday (month/day), comments, contacts, email address, photos, or
favorite teams. This sharing is subject to each Social Network's own privacy policy and terms of
use. We do not control those Social Networks or your profiles on those services. Nor do we
modify your privacy settings on those services or establish rules about how your personal
information on those services will be used. Social Functions are either hosted by a third party
or hosted directly on our Properties. Your interactions with them are governed by the privacy
policy of the company providing them. Please refer to the privacy settings in your Social
Network account to manage the data that is shared with us through your account. Information
you include and transmit online in a publicly accessible blog, chat room, or Social Network, or
that you share in an open forum such as an in-person panel or survey, may be viewed and used
by others without any restrictions. We do not control such uses of your personal information,
and by using such services you assume the risk and acknowledge that the personal information
provided by you may be viewed and used by us and/or third parties for any number of
purposes and that the usage restrictions set forth in this Privacy Policy do not apply to such
services.
11. Your Choices
We strive to offer you with choices about how information is used and shared. There are several ways in
which you may opt out of the various programs and services we provide. Some of the ways in which you
may opt out are described below.
a. Opting Out of Our Services. If you receive a marketing email from us, you may unsubscribe from
future marketing emails in accordance with our standard unsubscribe process. You may also
unsubscribe from SMS messages by communicating with us through SMS. On most devices,
App users may opt out of mobile communications from us via their device settings (mobile
browser cookies require a separate opt-out, as explained below).
b. Interest-Based Advertising Opt-Out and Do Not Track Signals. With respect to "do not track"
(a/k/a “DNT”) signals or similar mechanisms transmitted by web browsers, the Properties do
not respond to or honor such signals or mechanisms. This means that third parties, such as ad
networks, web analytics companies, and social networking platforms (some of whom are
discussed elsewhere in this Privacy Policy), may collect information about your online activities
over time and across our Properties and other third-party online properties or services. These
companies may use information about your visits to our Properties and other sites, and general
geographic information derived from your IP address, in order to provide advertisements about
goods and services of interest to you. For more information about third-party advertisers and
how to prevent them from using your information, please visit
http://www.networkadvertising.org/choices/. This is a site offered by the Network Advertising
Initiative ("NAI") that includes information on how consumers can optout from receiving
interest-based advertising from some or all of NAI's members. You can also visit http://
www.aboutads.info/choices, which is a site offered by the Digital Advertising Alliance ("DAA")
that includes information on how consumers can opt-out from receiving internet-based
advertising from some or all of DAA's participating companies. Opting out of interest-based
advertising does not mean that you will no longer see any advertisements; rather, you will still
see advertisements that are general and not tailored to your specific interests and activities.
Further, cookie-based opt-outs must be performed on each device and browser that you wish
to have opted-out. For example, if you have opted out on your computer browser, that opt-out
will not necessarily be effective on your mobile device. In the event we are performing cross-
device matching (as described above), once you have opted out on one device (“Opted-Out
Device”), we will not use any new data from the Opted-Out Device to identify you on another
device for interest-based advertising purposes and we will not use data from another device for
interest-based advertising purposes on the Opted-Out Device.
12. Changes to Your Account
You may request that we deactivate your account at any time by contacting us at
[email protected]. You can help us maintain the accuracy of your information by notifying us of any
changes to your personal information.
13. Security of Your Personal Information
When you enter sensitive information, if applicable, we use reasonable security measures to protect the
confidentiality of the personal information submitted to us both during transmission and after we
receive it.
14. Children’s Privacy
We are committed to the preservation of online privacy for all of our visitors, including children. We sell
services and products intended for purchase by adults (i.e., those age 18 or older). If you make a
purchase on our Properties, you are representing that you are an adult. We will not knowingly collect
any personal information from children under the age of 18 without the consent of that child's parent or
guardian. If you are a child under the age of 18, you are not authorized to use the Properties without
consent from your parent or legal guardian. If we become aware that personal information from a child
under 18 has been collected without such child's parent or guardian's consent, we will use all reasonable
efforts to delete such information from our database. If any parent, guardian or other responsible adult
becomes aware that we have collected personal information from a child under the age of 18, please
contact us at [email protected].
15. California “Shine the Light”
Under California Civil Code Section 1798.83 (“Shine the Light”), California residents have the right to
request in writing from businesses with whom they have an established business relationship: (a) a list
of the categories of personal information, as defined under Shine the Light, such as name, email address
and mailing address and the type of services provided to the customer that a business has disclosed to
third parties (including affiliates that are separate legal entities) during the immediately preceding
calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all
such third parties.
If you are a California resident: (i) to request the above information, or (ii) if you do not want your
personal information shared with any third party who may use such information for direct marketing
purposes and wish to opt out of such disclosures, please contact us by email at [email protected].
Please note that under Shine the Light, we are not responsible for removing your personal information
from the lists of any third party who has previously been provided with your information, and any
elections or privacy choices you may make with respect to receipt of certain types of e-mails or
marketing communications from us will not apply to any such third parties. You should directly contact
any third parties that send you communications regarding choices that they may make available to you
concerning such communications.
16. Nevada Privacy Rights
If you are a Nevada resident, you have the right to request that we do not sell your covered information
(as those terms are defined in N.R.S. 603A) that we have collected, or may collect, from you. We do not
sell your covered information, however, if you would like to make such a request you may do so by
contacting us at [email protected].
17. Your California Privacy Rights
a. We collect information that identifies, relates to, describes, references, or is reasonably capable
of being associated with, or could reasonably be linked, directly or indirectly, with a particular
consumer or household. The California Consumer Privacy Act of 2018 (“CCPA”) refers to such
information as “personal information.” If you are a California consumer, as defined by the CCPA,
the CCPA provides you with specific rights regarding your personal information. This section
describes the rights that California consumers have and explains how to exercise those rights.
For the purposes of this section, personal information does not include: (i) information that is
lawfully made available from federal, state or local government records; (ii) de-identified or
aggregated data; or (iii) information excluded from the scope of the CCPA. To be clear, these
rights are granted only to the extent that you are a California consumer under CCPA. The rights
in this section are not intended to grant you additional rights, but only your rights under the
CCPA.
b. Information We Collect; How We Collect It; How We Use It. Information about our data
collection during the prior 12 months is described below.
California consumers may access, delete, and control certain uses of their information as set
forth in Rights to Your Information. We also may collect information on behalf of our clients
(“Clients”) to provide them with our advertising services and in such cases, the Client’s privacy
policy, not this Privacy Policy, will apply. Please consult the Client’s privacy policy as applicable
for information on your rights over personal information collected in relation to our Clients’
advertising.
In addition to the purposes set forth above and elsewhere in this Privacy Policy, each of these
categories of personal information may be collected and used:
(i) To fulfill or meet the reason you provided the information
(ii) To respond to law enforcement requests and as required by applicable
law, court order, or governmental regulations.
(iii) To carry out our obligations and enforce our rights arising from any
contracts entered into between you and us (including our Terms of Use),
such as for billing and fulfillment.
(iv) As described to you when collecting your personal information or as
otherwise set forth in the CCPA.
(v) To help maintain the safety, security, and integrity of our Website,
Services, databases and other technology assets, and business.
(vi) For internal research for technological development and demonstration
and to improve, upgrade, or enhance our Website and Services.
(vii) For detecting security incidents, protecting against malicious, deceptive,
fraudulent, or illegal activity, and prosecuting those responsible for that
activity.
(viii) In emergency situations to protect the personal safety of us, our users, or
the public.
(ix) To evaluate or conduct a merger, divestiture, restructuring,
reorganization, dissolution, or other sale or transfer of some or all of
Varsity Chips’ assets, whether as a going concern or as part of bankruptcy,
liquidation, or similar proceeding, in which personal information held by
Varsity Chips about our Website and Service users is among the assets
transferred.
c. Sharing of Personal Information
Varsity Chips may disclose your personal information to a third party for a business purpose or
sell your personal information, subject to your right to opt out of those sales (see Personal
Information Sales Opt-Out and Opt-In Rights, below). The chart found above under Information
We Collect; How We Collect It; How We Use It lists the categories of third parties with which we
may share your personal information.
d. Rights to Your Information; Right to Know About Personal Information Collected, Disclosed or
Sold
As a California consumer, you have the right to request that we disclose certain information to
you about our collection, use, disclosure or sale of your personal information over the past 12
months. Once we receive and confirm your verifiable consumer request (see “Exercising Access
and Deletion Rights”, below), and subject to certain limitations that we describe below, we will
disclose such information. You have the right to request any or all of the following:
(i) The categories of personal information we collected about you.
(ii) The categories of sources from which the personal information is
collected.
(iii) Our business or commercial purpose for collecting or selling that
personal information.
(iv) The categories of third parties with whom we share that personal
information.
(v) The specific pieces of personal information we collected about you (also
called a data portability request).
e. Deletion Request Rights
You have the right to request that we delete any of your personal information that we
collected from you and retained, subject to certain exceptions. Once we receive and confirm
your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights,
below), we will delete (and direct our service providers to delete) your personal information
from our records, unless an exception applies. However, we maybe retain personal information
that has been de-identified or aggregated. Furthermore, we may deny your deletion request if
retaining the information is necessary for us or our service provider(s) in order to perform
certain actions set forth under CCPA, such as detecting security incidents and protecting against
fraudulent or illegal activity.
f. Exercising Access and Deletion Rights
To exercise the access and deletion rights described above, please submit a request to us by
contacting us at [email protected] or by visiting www.Varsitychips.com/contact.
Only you, or a person or business entity registered with the California Secretary of State that
you authorize to act on your behalf (an “authorized agent”), may make the requests set forth
above.
The request should include your contact information and describe your request with sufficient
detail that allows us to properly understand, evaluate, and respond to it. In addition, you
should provide sufficient information that allows us to reasonably verify that you are the
person about whom we collected the personal information or an authorized representative of
that person. For more information about verification, see Response Timing and Format
immediately below.
g. Response Timing and Format
We will respond to consumer requests in a reasonably timely manner. If we require extra time
to respond, we will inform you of the reason and extension period in writing. In order to
protect the security of your personal information, we will not honor a request if we cannot
verify your identity or authority to make the request and confirm the personal information
relates to you. The method used to verify your identity will depend on the type, sensitivity and
value of the information, including the risk of harm to you posed by any authorized access or
deletion. Generally speaking, verification will be performed by matching the identifying
information provided by you to the personal information that we already have.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your
request (and will not be made more than twice in a 12-month period). If we cannot comply
with a request, in whole or in part, the response we provide will also explain the reasons we
cannot comply.
h. Personal Information Sales Opt-Out and Opt-In Rights
You have the right to direct us to not sell your personal information at any time (the "right to
opt-out"). We do not sell the personal information of consumers we actually know are less
than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from
either the consumer who is at least 16 and less than 16 years of age, or the parent or guardian
of a consumer less than 16 years of age. To our knowledge, we do not sell the personal
information of minors under 16 years of age.
To exercise the right to opt out, you (or your authorized representative) may submit a request
to us by visiting the following Internet Web page:
"Do Not Sell My Personal Information"
Alternatively, you may submit an opt-out request by visiting: Varsitychips.com/FAQ.
You may change your mind and opt back in to personal information sales at any time by visiting
the following Internet Web page: OPT-IN INSTRUCTIONS
i. Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights, including but not
limited to, by:
(i) Denying you goods or services.
(ii) Charging you different prices or rates for goods or services, including
through granting discounts or other benefits, or imposing penalties.
(iii) Providing you a different level or quality of goods or services.
(iv) Suggesting that you may receive a different price or rate for goods or
services or a different level or quality of goods or services.
18. Additional European Disclosures
IF YOU ARE SITUATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR THE UNITED KINGDOM,
THIS SECTION APPLIES TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL DATA AND
ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.
a. Legal Basis
We will only use your personal data, as that term is defined under the General Data Protection
Regulation (“GDPR”), when the law allows us to. Most commonly, we will use your personal data
in the following circumstances:
(i) Where we need to perform the contract we are about to enter into or
have entered into with you.
(ii) Where it is necessary for our legitimate interests (or those of a third
party) and your interests and fundamental rights do not override those
interests.
(iii) Where you have consented to a certain use of your personal data.
(iv) Where we need to comply with a legal or regulatory obligation.
To the extent permitted under applicable laws, we will also process, transfer, disclose, and
preserve personal data when we have a good faith belief that doing so is necessary.
b. Data controller
Varsity Chips is the data controller of all personal data collected through our Services. To contact
us, please see the section titled “Contact”.
If you are situated in the EEA, Switzerland, or the UK and have any complaints regarding our
privacy practices, you have the right to make a complaint at any time to your local supervisory
authority. We would, however, appreciate the chance to deal with your concerns before you
approach your supervisory authority so please contact us in the first instance. If you have a
complaint, please contact our privacy manager can be contacted here: [email protected].
Provision of personal data and failure to provide personal data Where we need to collect
personal data by law or under the terms of a contract we have with you, and you fail to provide
that data when requested, we may not be able to perform the contract we have or are trying to
enter into with you (for example, to provide you with our services). In this case, we may not be
able to provide certain services to you.
c. Collection of personal data from third party sources
We may obtain personal data and other information about you, some of which may include
personal data collected from public sources, through our third-party partners who help us
provide our products and services to you. We will obtain cookie data about you from Google
Analytics.
d. Withdrawing your consent
If we are relying on your consent to process your personal data, you have the right to withdraw
your consent at any time by contacting us at [email protected].
e. Data Transfer
We may transfer personal data from the EEA, Switzerland, or the UK to the USA and other
countries, some of which have not been determined by the European Commission or UK data
protection authorities to have an adequate level of data protection. Where we use certain
service providers, we may use specific contracts approved by the European Commission or UK
data protection authorities which give personal data the same protection it has in the EEA,
Switzerland, or the UK. For more information about how we transfer your data, please contact
us at [email protected].
f. Use of your personal data for marketing purposes
We strive to provide you with choices regarding certain personal data uses, particularly around
marketing and advertising:
(i) Promotional offers from us: We may use your personal data to form a view on
what we think you may want or need, or what may be of interest to you. This is
how we decide which products, services and offers may be relevant for you (we
call this marketing). You will receive marketing communications from us if you
have requested information from us or used our services and, in each case, you
have consented to our use of your personal data for marketing purposes.
(ii) Data Subject Rights: If you are a situated in the EEA, Switzerland, or the UK, as a
data subject, you have the right to:
A. Request access to your personal data (commonly known as a "data
subject access request"). This enables you to receive a copy of the
personal data we hold about you and to check that we are lawfully
processing it.
B. Request correction of the personal data that we hold about you. This
enables you to have any incomplete or inaccurate data we hold about
you corrected, though we may need to verify the accuracy of the new
data you provide to us.
C. Request erasure of your personal data. This enables you to ask us to
delete or remove personal data where there is no good reason for us
continuing to process it. You also have the right to ask us to delete or
remove your personal data where you have successfully exercised your
right to object to processing (see below), where we may have processed
your information unlawfully, or where we are required to erase your
personal data to comply with local law. Note, however, that we may not
always be able to comply with your request of erasure for specific legal
reasons which will be notified to you, if applicable, at the time of your
request.
D. Object to processing of your personal data where we are relying on a
legitimate interest (or those of a third party) and there is something
about your particular situation which makes you want to object to
processing on this ground as you feel it impacts on your fundamental
rights and freedoms. You also have the right to object where we are
processing your personal data for direct marketing purposes. In some
cases, we may demonstrate that we have compelling legitimate grounds
to process your information which override your rights and freedoms.
E. Request restriction of processing of your personal data. This enables
you to ask us to suspend the processing of your personal data in the
following scenarios: (a) if you want us to establish the data's accuracy;
(b) where our use of the data is unlawful but you do not want us to
erase it; (c) where you need us to hold the data even if we no longer
require it as you need it to establish, exercise, or defend legal claims; or
(d) you have objected to our use of your data but we need to verify
whether we have overriding legitimate grounds to use it.
F. Request the transfer of your personal data to you or to a third party. We
will provide to you, or a third party you have chosen, your personal data
in a structured, commonly used, machine-readable format. Note that
this right only applies to automated information which you initially
provided consent for us to use or where we used the information to
perform a contract with you.
G. Withdraw consent at any time where we are relying on consent to
process your personal data. However, this will not affect the lawfulness
of any processing carried out before you withdraw your consent. If you
withdraw your consent, we may not be able to provide certain products
or services to you. We will advise you if this is the case at the time you
withdraw your consent.
To exercise your rights under the GDPR, please contact us at [email protected]. Please note that in
order for you to assert these rights, we may need to verify your identity to confirm your right to access
your personal data. This is a security measure to ensure that personal data is not disclosed to any person
who has no right to receive it. In order to verify your identity, we may need to gather more personal
data from you than we currently have.
19. Privacy Policy Changes
We have the sole discretion to change, modify, add, or remove portions of this Privacy Policy from time
to time. New versions of this Privacy Policy will be posted here. Our collection, use and disclosure of
your information will be governed by the version of this Privacy Policy in effect at the time of such
collection, use or disclosure. If we materially change the way that we collect, use or disclose your
personal information, we will notify you through a notice, updated Privacy Policy on the Properties, or
by email (sent to the email address specified in your account), prior to or upon the change(s) becoming
effective. Accordingly, when you access or use the Properties, you should check the date of this Privacy
Policy and be aware of any changes since the last version. Your continued use of the Properties
following the posting of any changes to this Privacy Policy means that you accept such changes.
20. Servers in the United States of America
Our servers are maintained in the United States of America ("USA"). By using the Properties, you freely
and specifically give us your consent to export your personal information to the USA and to store and
use it in the USA as specified in this Privacy Policy. You understand that data stored in the USA may be
subject to lawful requests by the courts or law enforcement authorities in the USA.
21. Terms and Conditions
Use of the Properties is governed by, and subject to, the Terms of Use, and this Privacy Policy is
incorporated therein. Your use or accessing of the Properties constitutes your agreement to be bound
by the Terms of Use.
22. Contact
If you have any questions about this Privacy Policy, you may contact us at: Varsity Chips 1334 Brittmoore
Rd, Houston, Tx 77043 or by email at: [email protected]
To the extent you believe we have not addressed your concerns or otherwise choose to do so, you have
the right to lodge a complaint with a supervisory authority. You may contact the US Federal Trade
Commission regarding your concerns.