Privacy Policy

TopYa! is the trademark for the various products and services provided by TalentKode Sports LLC doing business as TopYa! (“TopYa!”). This Privacy Policy (this "Policy") governs the information and data you submit to TopYa! using one or more of the TopYa! products and services (the “Service”).

In the event that you are a child under the age of 13, you will need to get your parent or guardian to provide consent to your use of the Service before you can use the social features of the Service or submit any personal information.

Please read this Policy carefully. By using our Service, you agree to be bound by this Policy as well as our Acceptable Use Policy and by our Terms and Conditions of Service. This Policy is a part of the Terms and Conditions of Service (the “Terms of Service”) for the TopYa! Service. If there are any undefined capitalized words used in this Policy, the meaning of that word will be in the Terms of Service.

We will not use or share your information with anyone except as described in this Policy. This Policy does not apply to information we collect by other means (including offline) or from other sources.

1. What is the TopYa! Service? The TopYa! apps are a service and tool that players, coaches and parents use to help players develop skills and passion for sports and physical activities, to express and develop their creativity in these activities, to inspire others and be inspired by others through sharing their sport activity videos and achievements, and to encourage skill challenges with friends, teammates, members of their clubs, and other players throughout the world.

2. Information We Collect and Use to Provide the Service. 

a. User-Provided Information. When you register for an account you will provide us information about yourself, such as your name, age, profile image, country of origin, stats or level of expertise and e-mail address. You will also be asked to select a username. Your username and other information (such as comments, videos or other items) you choose to add to your profile will be available for public viewing on the Service. As a result, we recommend that you not use your real name as your username unless you are comfortable with disclosing this information. Furthermore, if you are registering for a paid account or otherwise acquiring the Service from us, we will ask you to provide payment information. TopYa! uses a third-party payment processing service to process such transactions. We do not retain any such payment or financial information following your transaction. If you believe your payment information has been submitted without your consent, please contact us immediately and we will work with you to resolve any concern with our payment processing service. In addition, if you post comments, videos or other User Content (defined below), such User Content will be available to anyone using the Service as well as anyone searching the Internet. Such User Content may include information that could be used to identify you, such as your face, your home, you friends, license plates or other items contained within a video or other User Content.

b. We may use your email address or other information concerning the devices (smartphone, tablet or computer on which you use the Service) to send you alerts or notices (including any notices required by law, instead of communication by regular mail). You can control receipt of certain messages or alerts on your Profile or Settings page or, if applicable, on your mobile device. If you communicate with us by email, we may retain the content of your email messages, your email address and our responses.

c. If you use your Facebook, Twitter, or other social networking site ("Social Network") account information to sign in to our Service or to otherwise link your TopYa! account to a Social Network, we will collect and store your Social Network user ID and will also use that Social Network profile to take any information from such Social Network that is needed to either complete your account registration with us, to provide a list of users with whom you may want to connect on our service and, if applicable, permit you to use such Social Network to enable single sign on functionality.

d. You also provide us information that you post (or that a child you have authorized on the Service, if applicable) to the Service including videos, replies to videos, and other communications to other users on the Service (collectively, “User Content”). Your User Content and other contributions on the Service, and metadata about them (such as when you posted them) are, by default, publicly viewable on the Service along with your username. This information may be searched by search engines and be republished elsewhere on the Internet in accordance with our Terms of Service.

e. If you choose to connect with another user on the Service or participate in one or more Freestyle Challenges, your User Content will be made available to such connected users.

f. We use these automated technologies to collect and analyze certain types of information we consider to be non-personal information, including: (a) information related to the devices you use to access or interact with the Service, such as: IP addresses, geolocation information, unique device identifiers and other information about your mobile phone or other mobile device(s), browser types and browser language; and (b) information related to the ways in which you interact with the Service, such as: the pages that have directed you to the Service and pages that you go to when exiting the Service, as well as URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Service, and other similar information. We may also capture other data, such as search criteria and results.

g. We may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Service), and we may use that information to customize the Service with location-based information and features.

h. Furthermore, depending on how you access our Service, we may use “cookies” (a small text file sent by your computer or device each time you visit our website, unique to your account or your browser), or similar technologies to record and log data. When we use cookies, we may use “session” cookies (that last until you close your browser) or “persistent” cookies (that last until you or your browser delete them). For example, we may use cookies to store your preferences or other settings so you do not have to set them up every time you use the Service. Some of the cookies we use are associated with your account (including personal information about you, such as the email address you gave us or your username), and other cookies are not.

i. TopYa! uses information we collect to analyze how the Service is used, diagnose service or technical problems, maintain security, personalize content, remember information to help you efficiently access your account, monitor aggregate data such as total number of visitors, traffic, and demographic patterns, and track User Content and users as necessary to comply with the Digital Millennium Copyright Act and other applicable laws. We also may use your information to suggest other users with whom you may want to connect or for Freestyle Challenges that may be of interest to you.

3. How we Share Your Information. 

a. Personally Identifiable Information. TopYa! may share your information and User Content with third parties for the purpose of providing the Service to you and as needed to implement the Service (such as by notifying friends on the Service that you have posted a video, achieved a badge or to otherwise deliver any Service that you have purchased). In all other cases, we will ask your consent before disclosing your Personally Identifiable information to an unaffiliated third-party or for a purpose other than those for which it was originally collected or specifically authorized subject to the provisions herein. Third parties to which TopYa! may disclose personal information include billing service providers, social media companies, and advertisement providers subject to subsection (e).

b. We may share or disclose your information without your consent, such as if you choose to sign on to the Service through a third-party service (such as a Social Network) or if you elect to participate in a contest held by TopYa! or an third party. We cannot control the use of your information by third parties. The use of your information by such third parties will be governed by such third-party’s privacy policy and/or an agreement between TopYa! and the third party.

c. TopYa! may disclose your personal information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect TopYa!’s rights or property.

d. Non-Personally Identifiable Information: We may collect information about multiple users or collect information in a way that it does not identify you (i.e. aggregate and/or anonymize) and we may provide that information to others. In those cases of aggregation or anonymity, the information collected through the Service will not identify you. We may use such information for any purpose, including for research and marketing purposes, and our use and disclosure of such information is not subject to any restrictions under this Privacy Policy.

e. TopYa! may allow third-party ad servers or ad networks to serve advertisements on the Service and on third-party services. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Service. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. TopYa! does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks TopYa! to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach. The TopYa! Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information. TopYa! agrees to only transfer your information or User Content to third parties consistent with the notice and choices given to you in this Privacy Policy, particularly those in Sections 3, 4, and 5, and agrees to ensure that if information is disclosed to third parties, that said third parties will agree to abide by the Privacy Shield Principles and will notify TopYa! if they can no longer meet this obligation. If such a determination is made by the third party controller or other recipient, the third party controller will immediately cease processing or will take other reasonable and appropriate steps to remediate. The onward transfer of such information or User Content is only for the limited and specified purposes detailed in this Privacy Policy. TopYa! is liable to consumers if the foregoing onward transfer representations are violated.

4. How we Protect your Information.

a. TopYa! uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to TopYa! or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. In the event that personal information is compromised as a result of a breach of security, TopYa! will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.

b. TopYa! complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. TopYa! has certified to the Department of Commerce that it adheres to the Privacy Shield Principles, and is subject to the investigatory and enforcement powers of the FTC, the Department of Transportation and/or any other U.S. authorized statutory body. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov/. In compliance with the Privacy Shield Principles, TopYa! commits to resolve complaints about our collection or use of your personal information. If a complaint is not addressed in a timely fashion, you may have the right to invoke biding arbitration pursuant to Privacy Shield Principles. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact TopYa! at: privacyshield@topya.com, telephone: 303.222.0038 or send mail to: TopYa!, P.O. Box 200758 Denver, CO 80220.

c. TopYa! has further committed to refer unresolved Privacy Shield complaints to EU data protection authorities. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit 
https://ec.europa.eu/commission/sites/beta-political/files/national-data-protection-authorities-jan_2018_en.pdf for more information or to file a complaint. TopYa! has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning HR- data transferred from the EU and Switzerland.

5. Your Choices About Your Information. You may, of course, decline to submit personally identifiable information through the Service, in which case TopYa! may not be able to provide certain services to you. You have access to your personal data through your TopYa! account. You may update or correct your account information and email preferences at any time by logging in to your account. Furthermore, in the event you elect to terminate your account, we will remove any videos that you have posted within a reasonable time following such termination. Other user content (such as comments or replies to other videos) will remain available following termination.

6. Children’s Privacy. Protecting the privacy of young children is especially important. TopYa! does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with the Service unless we have received express parental or guardian consent in compliance with the Children’s Online Privacy Protection Act (COPPA). If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information. In the event that you have consented to your child’s use of the Service, we recommend that you manage and verify any content that they choose to share and review and modify any privacy settings that may exist in the Service. Parents have the option to agree to collection and use of child’s information without consenting to the disclosure of the information to third parties by contacting TopYa! at the notice address below. TopYa! may not require a child to disclose more information than is reasonably necessary to participate in any activity. Parents can review their child’s personal information collected by the Service and my contact TopYa! at the notice address below to request that their child’s information be deleted or refuse to allow further collection or use of their child’s information. In order for parents to exercise the foregoing rights, parents must communicate their requested changes to TopYa! at the notice address below.

7. Links to Other Web Sites. We are not responsible for the practices employed by websites linked to or from the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website's own rules and policies.

8. Changes to Our Privacy Policy. If we change our privacy policies and procedures, we will post those changes on this page to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page. If you have any questions about our practices or this privacy policy, please contact us at: terms@topya.com, telephone: 303.222.0038 or send mail to: TopYa!, P.O. Box 200758 Denver, CO 80220.

This Privacy Policy was last updated on January 24, 2018.