Privacy Policy

Aquatik Esports LLC Privacy Policy Last Updated/Effective Date: 2/11/2022 Aquatik Esports LLC (“Aquatik”, “we”, or “us”) takes your privacy seriously. This Privacy Policy (“Policy”) will help you understand how we collect and use Personal Information from those who visit our websites, including without limitation, our Maelstrom platform, aquatik.org, shopaquatik.com, aquatikesports.com, and aquatikstudios.com (individually and collectively, the “Site”) or make use of our services, and what we will and will not do with the Personal Information we collect. If you use the Site, you must comply with our Aquatik Studios Terms of Service We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise that you frequently visit this page. All changes will be effective immediately upon posting to the Site.  Material changes will be conspicuously posted on the Site or otherwise communicated to you. TO LEARN MORE ABOUT OUR COLLECTION, USE AND DISCLOSURE PRACTICES OF THE PERSONAL INFORMATION OF CHILDREN UNDER 13 YEARS OLD, AND HOW WE ADDRESS THE REQUIREMENTS OF THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT AND ITS RULES (“COPPA”), PLEASE SEE THE SECTION BELOW TITLED “CHILDREN’S ONLINE PRIVACY (COPPA).” Please note that this Policy does not govern the collection and use of information by companies or other users that Aquatik does not control, nor by individuals not employed or managed by us. If you visit a third-party website that we mention or link to, be sure to review that third party’s privacy policy before providing them with information. It is recommended that you review the privacy policies and statements of any website you choose to use to better understand the way in which websites collect, make use of and share the Personal Information collected. This Policy will inform you of the following:

1. What Personal Information is collected from you through our Site and the services we provide;
2. How we use the collected Personal Information and with whom it may be shared;
3. What choices are available to you regarding the use of your Personal Information; and
4. The security procedures in place to protect your Personal Information.

Information We Collect “Personal Information” means individually identifiable information collected about a person. This Site collects various types of Personal Information, such as:

• Information and content that you provide when you sign up for an account, use our Site, create or share content, and message or communicate with others, which may include your first and last name, mailing address, email address, screenname / username, social media handles, photos, videos, gaming habits, gaming interests, and gaming preferences.

• Information about the people and groups you are connected to and how you interact with them on our Maelstrom platform.
• Information about how you use Maelstrom, such as the types of videos or other content you view or engage with; the games you play; the features you use; the actions you take; the people you interact with; and the time, frequency and duration of your activities. For example, we log when you are using and have last used Maelstrom, and what posts, videos and other content you view.
• Information that other Maelstrom users provide when they use Maelstrom. This can include information about you such as when others share or comment on your posts or content, or send a message to you.
• Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.

When You Communicate With Us.  We collect Personal Information when you voluntarily provide it to us and communicate with us, for example, when you call, mail or email us, send us a message via a live chat, submit a message to us on our Site, subscribe to receive emails, or when you post on the Site.   Accounts. To create an online Aquatik or Maelstrom account, you must submit your name, email address, and social media handles, and create a password. This data is used to populate a profile within your account.   Order & Payment Data.  When you make a purchase through the Tournament Shop, you will be re-directed to our third-party service provider Playmakers Wanted.  Any information that you provide to Playmakers Wanted is provided on their websites and is governed by their privacy policies, not this Policy. To learn how Playmakers Wanted uses your Personal Information, please visit:  https://playmakerswanted.com/privacy-policy/. When you make a purchase of Aquatik merchandise on shopaquatik.com, Aquatik uses third-party payment processors to collect and process your payment information.  Aquatik does not receive your credit card, debit card or other financial information when you make a payment; such information is received directly by those payment processors. However, Aquatik does receive information about your purchase and your contact information (e.g. name, email address, mailing address, phone number). Aquatik may keep a record of your purchases.  To learn how the payment processor you choose uses your personal information, please see their applicable privacy policy (e.g., if you use PayPal, see PayPal’s privacy policy).  If you make your purchase on shopaquatik.com, we use Shopify as the payment processor to complete that transaction.  Please see Shopify’s privacy policy to learn how they treat your personal information when you make a purchase. Sweepstakes & Contests. We may offer sweepstakes or contests. To participate, you must submit certain data which may include your name, email address, phone number, physical address, and other Personal Information. Data collected via sweepstakes and contests will be (i) used to contact you with promotional and related communications, (ii) shared with third-party vendors, and (iii) subject to additional terms provided to you at such time.   Live Chat Conversations. If you use a Site chat feature, we will collect all text and other data that you submit via that chat feature. If you use a chat feature while signed into your account, we may link the submitted data to your account. We save chats even after your browser is closed.  If you chat with other users on the Site, or if you post on the Site (e.g., if you post on a message board), that information may be collected by Aquatik, and it is publicly available to other users.   Applying to Work with Aquatik.  If you send us your job application materials directly, we will use and share those job application materials to evaluate your qualifications to work with Aquatik and its affiliates.   Feedback.  When you provide comments or feedback about our Site, the content on the Site, or our products or services (“Feedback“), we will not treat that Feedback as confidential and we may use that Feedback for any purpose in our sole discretion so long as it does not personally identify you. Feedback will be used without attribution or compensation to you.   Data Automatically Collected Account Activity. We may collect data about how you use (i) your online account, and (ii) the Site when you are logged into your account. Cookies & Other Tracking Technologies.   What types of online tracking mechanisms do we use? We may use cookies, web beacons, pixel tags and other tracking technologies (collectively “Cookies”) on our Site.  When you shop on shopaquatik.com, Shopify uses cookies to provide us information about your activities when shopping on that Site. What are cookies and web beacons / pixel tags? A cookie is a small text file that our Site saves onto your computer or device when you use the Site that provides us certain information about your activities.  Cookies allow the Site to remember your actions and preferences and recognize you or your browser, along with some information you provided.  Web beacons / pixel tags are small graphics on a webpage that monitor your activity when viewing a webpage. Why do we collect Cookies? We use Cookies to:

• make our Site function properly;
• provide personalized experiences;
• tailor our interactions with you;
• help with our marketing efforts;
• provide us with valuable data and statistics about the usage and effectiveness of our Site and to help us improve our Site; and
• help us improve our services.

What type of information do Cookies collect? The Cookies on our Site may collect information such as:

• IP addresses assigned to the computers and other devices you use;
• your internet service provider;
• device ID number;
• approximate geographic location;
• browser type;
• Site pages visited;
• Shopping and browsing behaviors on our Site;
• websites you access before and after visiting the Site, and
• data related to how and when you use the Site.

We may combine information from Cookies with other Personal Information. How long do Cookies last? A Cookie can either be a “session” Cookie or a “persistent” Cookie.  Session Cookies exist only for so long as you are visiting the applicable Site and are typically deleted when you exit your web browser.  Persistent Cookies exist for a set period of time, for example, up to several months or years. Each time you visit a Site that has implemented a persistent Cookie, the persistent Cookie is renewed and that Cookie will remain active until its predetermined expiration date.  You can manually delete persistent Cookies through your browser settings. First and Third-party Cookies. Cookies may either be “first-party” or “third-party” Cookies.  A first-party Cookie allows your web browser to talk to the actual Site that you are visiting (i.e. this Site).  A third-party Cookie allows your web browser to talk to a third-party website, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider.  We may not have control over how a third-party uses information collected through third-party Cookies. How do you manage Cookies or opt-out? Most browsers automatically accept Cookies. You can disable this function by changing your browser settings, but disabling Cookies may impact your use and enjoyment of the Site.  Not all features or functions of the Site may work properly if you disable Cookies.  You cannot disable all Cookies, such as Cookies that are essential to the functioning of the Site. CALIFORNIA’S “DO-NOT-TRACK” REQUIREMENT.  WE CURRENTLY DO NOT HONOR “DO NOT TRACK” REQUESTS.  Google Analytics.  We use Google Analytics to collect and process information about your use of the Site. Google sets Cookies on your browser or device, and then your web browser will automatically send information to Google. Google uses this information to provide us with reports that we use to better understand and measure how users interact with our Site. To learn more about how Google uses data, visit Google’s Privacy Policy and Google’s page on “How Google uses data when you use our partners’ sites or apps.” You may download the Google Analytics Opt-out Browser Add-on for each web browser you use, but this does not prevent the use of other analytics tools. To learn more about Google Analytics Cookies, visit Google Analytics Cookie Usage on Websites. Videos; Embedded Content.  The Site contains videos and embedded content provided by YouTube and other third parties, including visible content and/or feeds scripts embedded in the Site’s code. YouTube and such other parties may collect data about how you interact with such content. Specifically, our use of YouTube content requires us to implement certain application programming interfaces (APIs) from YouTube, which allow for data collection, disclosure and use by YouTube pursuant to the Google Privacy Policy available here.  By watching the videos and interacting with such content, you agree to the collection and use of such data.  You may revoke YouTube’s access to your data by visiting the Google security settings page available here. Information We Do Not Intend to Collect   We do not intend to collect any Sensitive Data from you.  “Sensitive Data” is any data that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that involves genetic or biometric data or data concerning health or sexual orientation. Please do not provide Sensitive Data to us. How We Use Personal Information We collect your Personal Information for several reasons:

• As stated or agreed to (or as is obvious) at the point of collection (e.g., responding to your questions, complaints or comments);
• To better understand your needs and provide you with the services you have requested;
• To improve our services and products;
• To send you promotional emails containing information we think you may like;
• To perform targeted advertising to you;
• To notify you of new services, products or programs, to notify you of new features of our Site, to notify you of changes to our Terms or this Policy, and for other similar communications;
• To contact you to fill out surveys or participate in other types of market research;
• To customize and personalize our Site according to your online behavior, connections, interests, and personal preferences;
• As needed to manage and verify accounts, facilitate transactions, inform our business strategies, understand our Site’s demographics and user preferences, evaluate application and manage profiles;
• To combat harmful conduct or content, maintain the integrity of our Site, and promote safety and security. For example, we use information we have to investigate suspicious activity or violations of our Maelstrom Terms of Service or Maelstrom Community Guidelines;
• For operating the Site, Site management, troubleshooting problems, improving the content and functionality of the Site, statistical and other analyses of the Site, and to customize the Site to you and our users; and
• To protect our legal rights or interests, or those of other parties, including to bring a legal action against you or anyone who may be causing harm to us, our Site, or to other users of the Site. We may also use Personal Information to seek business, financial or legal advice, and to respond to other legal requests.

Data from Other Sources We may obtain data about individuals from various third-party companies and public sources and we may combine that data with other Personal Information. This enhances our existing data about our users, improves our ability to contact you, and enhances our marketing capabilities. Disclosure of Personal Information We may share Personal Information with the following parties, in compliance with applicable laws:   Other Users. When you share or communicate with other uses on our Maelstrom platform, those users can see the content you post or share and can choose to share it with others. You should consider what you are posting, sharing, commenting, or liking, and with whom you choose to share information or content. For example, when you share a post or send a message to someone, they can download, screenshot, or re-share that content to others inside or outside the Maelstrom platform.  In addition, other people you connect with on the Site can see whether you are active on the Site or when you last used the Site.   Employees and Affiliates.  We may share Personal Information with our employees and affiliates who have a need to know the information for our business purposes.   Third-Parties and/or Service Providers.  We may share Personal Information with third parties and/or service providers that provide services for us. For example, we may share Personal Information with vendors to help us host and manage the Site; provide targeted advertising and other marketing; improve the content and functionality of the Site; perform data analysis and statistical analysis; troubleshoot problems with the Site; provide payment processing services and online storefronts; provide public relations; provide email services; provide data processing; and support or provide the security of the Site.   Government Officials / Law Enforcement.  We will cooperate with law enforcement and other governmental agencies, and may disclose Personal Information:  (i) if we believe in good faith we are legally required to disclose that Personal Information, (ii) if we are advised to disclose Personal Information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Aquatik or any other party.   Professional Advisors.  We may share Personal Information with our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to Aquatik.   Change in Ownership.  In the event Aquatik is the subject of a change of control or in the event the Site changes ownership, in whole or in part, or in the event of a bankruptcy, receivership or a similar transaction, we may provide Personal Information to the subsequent owner(s).   Other.  We may share Personal Information with third parties when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure). Age Requirements Some parts of our Site are available to users of all ages.  To learn how we handle children’s Personal Information, please see the section below titled “Children’s Online Privacy (COPPA).”  You must be at least the age of majority (typically this is 18 or 19 years old) in order to use certain features of our Site.  For example, do not apply to work for Aquatik or make purchases if you are not an adult. Use and Disclosure of Non-Personal Information Aquatik may collect, use, share, transfer and otherwise process de-identified and aggregated information that it receives or creates for any purposes in its sole discretion, in compliance with applicable laws. Aquatik is the sole and exclusive owner of such de-identified and aggregated information, including if Aquatik de-identifies Personal Information so that it no longer considered Personal Information under applicable laws.   Retention of Personal Information   We will keep Personal Information for the period necessary to fulfil the purposes described in this Policy unless a longer retention period is permitted or required by law. This is a factual determination that depends on things like the nature of the Personal Information, the purpose for which we have collected and processed it, and the relevant legal or operational retention needs. When you delete your account, we delete things you have posted and you will not be able to recover that information later. Information that others have shared about you is not part of your account and will not be deleted. Access & Update Your Personal Information To access or update your Personal Information as it exists in our records, please visit your account you have created or contact us using the information below.   Unsubscribe or Opt-Out   If you provide your email address to us, you understand that we may send you emails, including marketing emails.  We may use third-party providers to deliver communications to you. You may opt-out of marketing emails by using the unsubscribe link in the email or contacting us at legal@aquatik.org with “Unsubscribe” in the subject line. To opt out of other communications (e.g., postal marketing and telemarketing), please contact us as set forth below. Opting out of marketing communications does not opt you out of communications about your account or transactions. Links to Other Websites Our website contains links to affiliate and other third-party websites. Aquatik does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites, including without limitation Discord and Steam. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects Personal Information. This Policy applies only and solely to the Personal Information collected by our Site. Access from Outside of the United States If you access the Site from outside the United States, please be aware that Personal Information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required by the in other jurisdictions. Security We use commercially reasonable technical and organizational measures to help secure Personal Information against loss, misuse, and alteration appropriate to the type of Personal Information processed. If a breach of your Personal Information occurs, we will notify you of the breach if required under applicable law. YOU UNDERSTAND THAT NO DATA TRANSMISSION OVER THE INTERNET OR DEVICE CAN BE GUARANTEED TO BE 100% SECURE. WHILE WE STRIVE TO PROTECT PERSONAL INFORMATION, WE DO NOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION AND YOU PROVIDE PERSONAL INFORMATION AT YOUR OWN RISK. Social Media Aquatik is active on social media, including Discord, Twitch, Instagram, Twitter, Steam, TikTok and YouTube (“Social Media”).   Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Site and our Social Media pages any comments or content that you post on our Social Media pages. The Site allows you to connect and share data with Social Media platforms. We use Social Media plugins on our Site which may collect information about you when you interact with our website and are signed into your social media account.  Social Media features may require us to use cookies, plug-ins, and APIs provided by such Social Media platforms to facilitate those communications and features. The Site may use advertising networks and services offered by Social Media platforms to deliver advertising content. Use of these services requires Social Media platforms to implement cookies or pixel tags to deliver ads to you while you access the Site. Your use of Social Media is governed by the privacy policies and terms of the providers that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.  If you do not want a Social Media provider to collect your information, then we suggest signing-out of your Social Media accounts in all browsers and apps prior to visiting our Site, and deleting any related cookies from that Social Media provider. Children’s Online Privacy (COPPA) This section only applies to children under the age of 13 years old (“child” or “children”) and supplements the remainder of our Policy.  This section explains our practices regarding the collection, use and disclosure of the Personal Information of children.  With regard to this section only, “Personal Information” and “parent” have the definitions set forth in the Children’s Online Privacy Protection Act (“COPPA”).  To learn more about COPPA, please click here. Certain services on our Site are only available to registered users with an Aquatik or Maelstrom account.  Prior to accessing these features of our Site, we ask visitors to provide their age.  For any child indicating that they are under 13 years old, we will send a notice to, and seek verifiable parental consent from, that child’s parent, prior to any further collection, use or disclosure of that child’s Personal Information. There are certain exceptions permitted under applicable law permitting us to communicate with a child or collect Personal Information without prior parental consent (e.g., to respond to a one-time request received from a child). Parental Consent Process When a user indicates that they are under the age of 13, we request that child’s name, and the email address of that child’s parent. We use the foregoing information to send the applicable parent an email notice and at that time we will request consent for our collection, use and disclosure of their child’s Personal Information in accordance with this Policy.  If a parent consents, we will send a follow-up notice to that parent again, within a reasonable time period.  If a parent does not consent, we will not collect Personal Information from their child, and certain areas of our Site may not be available to that child.  If we do not receive a response from a parent to the first notice we send after a reasonable time period, then we will consider the request as rejected.   We only use the parent’s Personal Information for the purpose of providing this notice and seeking consent. Personal Information We Collect and How We Use It If we receive verifiable parental consent from the parent of a child under 13 years old, we will collect and use that child’s Personal Information consistent with, and as described throughout, the rest of this Policy, unless noted otherwise in this Section.  In other words, the type of Personal Information we collect, and how we use that information, is typically the same for all users of the Site (including children).  For example, some information we request and collect directly from the user (e.g., when a user registers for an account), and some information is automatically collected from users through use of technologies like cookies.  See the sections above titled “Information We Collect,” “Data Automatically Collected,” and “How We Use Personal Information” to learn more. To further protect children, however, users who indicate that they are under 13 years old will not have access to take part in any public postings on our Site or live chat features on the Site. We only collect as much information about a child as is reasonably necessary for the child to participate in an activity, and we do not condition his or her participation on the disclosure of more Personal Information than is reasonably necessary. Disclosing Children’s Personal Information If we receive verifiable parental consent from the parent of a child under 13 years old, we will disclose that child’s Personal Information consistent with, and as described throughout, the rest of this Policy.  However, we will limit disclosure of a child’s Personal Information to those affiliates and service providers that we use to provide and support our website. When we request a parent’s consent, you have the option of consenting to our collection and use of your child’s Personal Information without consenting to the disclosure of the child’s Personal Information, subject to any exceptions permitted by applicable law. Social Media Most Social Media platforms do not permit children to access and use those platforms, or sign-up for an account.  Please ensure you and your child have complied with all Social Media account terms. Parental Controls A parent may review the Personal Information we collect and maintain about their child (and ask for corrections), including a description of the specific types of personal information we collected.  At any time, a child’s parent may refuse to permit further use, or future online collection, of Personal Information from their child, and they may direct Aquatik to delete their child’s Personal Information.  A parent may exercise these rights by contacting Aquatik at legal@aquatik.org. We may require verifying your identity prior to responding to requests made by parents pursuant to this Section. If a parent either (a) declines to provide consent, (b) requests that we stop collecting and/or using their child’s Personal Information, or (c) requests that we delete their child’s Personal Information, then we will terminate your child’s account and access to those services on our Site that require an account.  Keep in mind that we cannot stop any person from accessing our public facing website.  Further, if we do not receive a response from a parent who we contacted to request verifiable parental consent within a reasonable timeframe, we will delete that parent’s contact information from our records, and your child will not be permitted to create an account or use those services on our Site that require an account. Website Operators The following operators may collect or maintain Personal Information through the Site (although keep in mind, your child may be prohibited by most Social Media platforms from maintaining a Social Media account): Facebook, Inc., Instagram, Twitter, Twitch, YouTube, TikTok, Steam, Discord,  and Google, LLC Please direct your inquiries about any operator’s privacy practices and use of your child’s Personal Information to: Aquatik Esports LLC Email: legal@aquatik.org Telephone Number: (304) 646-6300 Mailing Address: Attn:  Legal Counsel 10979 Lost Lake Dr. Naples, Florida 34105   California Residents   Pursuant to California Civil Code Section 1798.83, if you are a California resident, you have the right to obtain: (a) a list of all third parties to whom we may have disclosed your Personal Information within the past year for direct marketing purposes, and (b) a description of the categories of Personal Information disclosed, by emailing us at legal@aquatik.org. How to Contact Us If you have any questions or concerns regarding this Policy or related to our website, please feel free to contact us at the following email, telephone number or mailing address. Email: legal@aquatik.org Telephone Number: (304) 646-6300 Mailing Address: Aquatik Esports LLC Attn:  Legal Counsel 10979 Lost Lake Dr. Naples, Florida 34105