Privacy Policy

Last Updated: August 12, 2024

QualiaOS, Inc., d/b/a Mustard, a Delaware corporation, and its affiliates (collectively, “we,” “us,” “our”) respects your privacy. This Privacy Policy (the “Privacy Policy” or “Policy”) describes how we collect, use, and disclose your Personal Information and how to make certain privacy requests. The Policy governs our collection, use, and disclosure of your Personal Information in connection with your use of our website(s), microsite(s), mobile website(s), and mobile application(s) (collectively, “Sites”), such as teammstrd.com and the Mustard app, and information we collect from you or third parties through any other means.

Please carefully read this Privacy Policy, which is part of our Terms of Use, before using our Sites. By accessing or using our Sites, you agree to our use of your Personal Information consistent with our Terms of Use and this Policy.

ABOUT THIS PRIVACY POLICY

Privacy Policy Changes

This Privacy Policy is subject to change. We encourage you to review it frequently for any revisions or amendments. Unless otherwise stated, changes to this Privacy Policy are effective immediately upon posting. By continuing to use the Sites, you accept any changes to the Policy. If we determine that a change to this Privacy Policy will result in using previously acquired Personal Information in a materially new way, we will provide you notice before using your Personal Information in the new way. The date of our most recent update appears at the top of this page.

Conflict Between this Policy and Laws and Regulations

When federal, state, or local laws and regulations require a higher level of protection for your Personal Information, they take precedence over this Privacy Policy.

INFORMATION WE COLLECT

Personal Information

We collect information that personally identifies, relates to, describes, or is capable of being associated with you (“Personal Information”), including:

• • Identifiers such as name, date of birth, username, password, address, email address, phone number;
  • Commercial Information such as services requested or received, credit card number, credit card expiration, billing address;
  • Performance Measurements and Statistics such as biomechanical information from pitches and exercises, including angles of limbs, length of stride, etc.
  • Internet or Other Electronic Network Activity Information such as IP address, device ID, device type, operating system, browser;
  • Audio/Visual Information such as pictures, videos;
  • Inferences Drawn from the Above Categories of Personal Information that relate to your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

The specific Personal Information we collect about you may vary based on how you use the Sites and your relationship with us.

Usage Data and Sites Activity

We automatically collect information in connection with the actions you take on the Sites (“Usage Data”). For example, each time you visit our Sites, we automatically collect the type of web browser you use, the type of device you use, your operating system, your internet service provider, the pages you view, referring and exit pages, the date and time of your visit, the number of clicks to, from, and within the Sites, and the duration of your visits to the Sites. If we can reasonably associate this data with you, directly or indirectly, we treat it as Personal Information. If we cannot reasonably associate this data with you with you, we treat it as Usage Data.

Communication Recordings

We may record calls and retain the content of text messages, chat transcripts, emails, online contact form submissions, or other written/electronic communications between you and us, including communications via service provider platforms such as Slack. By communicating with us, you consent to our recording and retention of communications.

HOW WE COLLECT INFORMATION

From You

We may ask you to provide us with Personal Information when you communicate with us (online or offline), use the Sites, and at other times. You are not required to provide us your Personal Information; however, if you choose not to provide the requested information, you may not be able to use some features of the Sites or we may not be able to fulfill your requested interaction. For example, to customize training for each player, you may need to submit one or more videos of the player practicing or performing specific actions.

Disclosure of Third Parties’ Information to Us

If you provide us Personal Information of a third party, you must have that third party’s permission or the legal right to do so. If you are the parent or legal guardian of an individual under 18 years of age, and you provide us Personal Information related to that individual, we will presume you have the legal right to do so unless otherwise informed. If a third party supplied us with your Personal Information without your permission or the legal right to do so, please let us know using the contact information below.

Third-Party Data Sources

We may collect Personal Information from third-party data sources such as data brokers, marketing agencies or partners, identity verification services, financial institutions, and government agencies.

Cookies and Other Automated Tools

We and third parties may use cookies (a small text file placed on your computer to identify your computer and browser), beacons, pixels, and other automated tools (collectively “cookies”) to collect Personal Information and Usage Data, track your interaction with our Sites, improve the experience of the Sites, and conduct targeted advertising. Many web browsers are initially set up to accept cookies. You can reset your web browser to refuse cookies or to indicate when a website uses cookies; however, certain features of the Sites may not work if you delete or disable cookies.

We use the following types of cookies:

• Strictly Necessary: These cookies are essential to operate the Sites and provide you with services you have requested.
• Functional: These cookies enable certain features or non-essential functionality on our Sites. For example, we might use these cookies to recognize you and remember your preferences or settings when you return to our Sites so we can provide you with a more personalized experience.
• Advertising Cookies: These cookies allow us and third parties to learn more about you, including your use of our Sites and other websites, and advertise products/services that might interest you as further indicated below.
• Analytics Cookies: These cookies help us and third parties understand how our Sites are working and who is visiting our Sites.

Among other tools, our Sites use Google Analytics to collect and process Personal Information and Usage Data. Click here to learn more about how Google uses your information.

If you arrive at our Sites by “clicking through” from another website, we and third parties may receive additional information from that website such as the terms you searched that led you to our Sites. You should review the Privacy Policy of any website from which you reached our Sites to determine what information the operator collects and how it uses such information. We may retain information about you provided to us by other websites and will use it in accordance with this Privacy Policy. Such information may be associated with other Usage Data or Personal Information.

Interest-Based Advertising

We may work with third-party advertisers, search providers, and ad networks (“Advertisers”) to learn more about you and show you ads or other content that we or the Advertisers believe would be relevant to you. Advertisers may collect and use information about your use of the Sites as well as other websites and services. These companies may use cookies and other online tracking technologies to collect and use your information. We and/or Advertisers may also append other data to the data collected by Advertisers to create an interest profile of individual users. Our Privacy Policy does not cover any use of information that an Advertiser may collect from you. Advertisements may be shown via the Sites, on third-party websites, or on social media properties. If you want to reduce the volume of interest-based advertising you receive, you can also visit the Digital Advertising Alliance (“DAA”) Consumer Choice Page or the Network Advertising Initiative Consumer Opt-Out Page. These websites allow you to opt-out of participating interest-based advertising networks. Opt-outs are device and browser specific; therefore, you will need to set your opt-out preferences for each device and browser. Deleting browser cookies can remove your opt-out preferences; however, these organizations may offer browser extensions that help preserve the opt-out preferences you set. Please note that opt-outs only apply to interest-based advertising. You may still receive other types of online advertising.

Information from Advertisements

If you arrive at the Sites via an advertisement (e.g., banner ad), we may collect information regarding the advertisement with which you interacted and your interactions (e.g., item clicked, date and time).

HOW WE USE AND DISCLOSE INFORMATION
Generally

We may use Personal Information for internal purposes, such as to:

• Provide and maintain the Sites;
• Account creation, fulfillment, servicing, and customer support: to create accounts, respond to questions and address concerns, deliver updates, upgrades, and product improvement information;
• Marketing and market research: to send communications and offers for our or third parties’ products and services, perform analytics for market research, trend analysis, financial analysis, and anonymization of Personal Information;
• Surveys, promotional events, contests: to administer surveys, polls, sweepstakes, loyalty programs and other promotional events and contests;
• Other company communications: to provide individuals with information that may be of interest such as company newsletters, announcements, reminders, and service bulletins;
• Website use and analytics: to provide you with access to and use of our Sites, analyze use of our Sites, including the use of third-party analytics services which may utilize automated technologies to collect data (such as email and IP addresses);
• Eligibility and pricing: to determine if consumers are eligible for certain products, services, or offers and the pricing related to such offers;
• Product research: to conduct research and analysis for maintaining, protecting, and developing Sites or services, increase and maintain the safety of our Sites, and prevent misuse;
• Business operations: to evaluate, develop, and improve business operations, products and services offered, perform business administration and other normal business activities;
• Compliance: to comply with applicable legal requirements, government requests, industry standards, contractual obligations, our policies, and take actions that we deem necessary to preserve and enforce our rights and the rights of others;
• Information security and fraud prevention: to operate information security and anti-fraud programs; and
• Other purposes: as otherwise described to you at the point of collection, with your consent, or as otherwise required by applicable laws.

Reviews, Testimonials, and Endorsements

If you provide a review, testimonial, or endorsement, we may post it publicly on the Sites or in other advertising material. By providing a review, testimonial, or endorsement, you give us permission to use it in any manner and for any purpose, including in marketing and advertising communications, without any compensation to you.

Service Providers

We may provide Personal Information to other businesses, including corporate affiliates and sub-processors, who provide services to us. Services may include, but are not limited to, the following:

• Provision of the Sites;
• Facilitating marketing and non-marketing communications;
• Marketing design and development;
• Business analytics (both marketing and non-marketing related);
• IT and network administration such as Sites development, data storage and management, website hosting, and data security;
• Payment processing;
• Professional services such as legal and accounting;
• Obtaining legal records;
• Collection of accounts; and
• Day-to-day business operations such as courier services, facilities management, and document destruction.

Third-Party Selling and Sharing

We may disclose personal information to third parties in situations that qualify as a “sale” or “sharing” (for targeted or cross-context behavioral advertising purposes) under applicable privacy laws. Categories of third parties to whom we may sell or share personal information include, but are not limited to, data brokers and companies who provide goods or services that may benefit users (e.g., sports equipment companies, athletic departments, organizations that may be seeking talent, and other advertisers).

Other Third-Party Disclosures

We may occasionally disclose your Personal Information to third parties, for purposes such as:

• To comply with the law;
• To respond to legal requests (including court orders, investigative demands and subpoenas) if, in our discretion, we believe it is necessary or appropriate;
• To prevent or stop any illegal, unethical, or legally actionable activity;
• To protect the safety, property, or rights of ourselves, consumers, or any other third party;
• If we are merged, acquired, or sold, or in the event of a divestiture, restructuring, reorganization, or transfer of some or all of our assets and the disclosure is necessary to complete the transaction;
• To businesses controlling, controlled by, or under common control with us; and
• For additional purposes with your consent where such consent is required by law.

OTHER PRIVACY AND SECURITY PROVISIONS

Security

We recognize the importance of safeguarding the confidentiality of Personal Information from loss, misuse, or alteration. Accordingly, we employ commercially reasonable administrative, technical, and physical safeguards to protect such Personal Information from unauthorized access, disclosure, and use. Even with these safeguards, no data transmission over the Internet or other network can be guaranteed 100% secure. As a result, while we strive to protect information transmitted on or through our Sites, you do so at your own risk.

Other Websites

Please be aware that third-party websites accessible through the Sites or recommended through our Sites may have their own privacy and data collection policies and practices. We are not responsible for any actions, content of websites, or privacy policies of such third parties. You should check the applicable privacy policies of those third parties when providing information.

How Long We Retain Your Data

We retain your Personal Information as long as we have a relationship with you. We also retain your Personal Information for a period of time after our relationship with you has ended where there is an ongoing business need to retain it. This includes retention to comply with our legal, regulatory, tax, and/or accounting obligations and for our internal business purposes, such as marketing.

Children’s Privacy

The Sites are not intended for children under the age of 13 and we do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.

CONSUMER PRIVACY REQUESTS

Although we are not subject to privacy laws such as the California Consumer Privacy Act (CCPA), you may submit certain privacy requests using the instructions below. We will do our best, but are not obligated, to accommodate your requests.

Request to Opt-Out from the Sale of Personal Information

You may ask us not to sell your Personal Information to third parties.

Request to Know

You may request twice per 12-month period that we provide you (i) the categories or specific pieces of Personal Information we collected about you; (ii) the categories of sources from which we collect your Personal Information; (iii) the business or commercial purpose(s) for which we collected your Personal Information; (iv) the categories of Third Parties with whom we shared your Personal Information; and (v) the categories of Third Parties to whom we sold your Personal Information. We will not provide specific pieces of Personal Information unless you expressly request them and we will not provide access to specific pieces of Personal Information that are sensitive or create an elevated risk of potential harm from disclosure to an unauthorized person (e.g., financial information or login credentials).

Request to Delete

You may request that we delete any Personal Information we have collected about you. In some situations, we cannot delete your information. For example, we will not delete your Personal Information if we need it to complete a requested or reasonably anticipated transaction, prevent security incidents or fraud, enable internal uses that are reasonably aligned with your expectations, or comply with legal obligations.

Request to Correct

If you wish to update your contact information or other Personal Information, please make the changes directly in your account or contact us at [email protected].

Submitting a Privacy Request

You may submit a privacy request by emailing us at [email protected] . Please be specific in your request and provide at least your name, phone number, and email address. After you submit your request, we may contact you to obtain additional information necessary to verify your identity. For example, we may require you to verify certain information in our files or submit a signed declaration under penalty of perjury verifying your identity. We cannot process certain requests without verifying your identity, so please respond promptly to our request.

Authorized Agent

If you are an authorized agent submitting a request for another consumer, you must provide a copy of a lawful power of attorney or written authorization from the consumer (along with proof of your identity). You will be provided options on how to provide this documentation after submitting the request. We may contact you or the consumer on whose behalf you claim to act to verify your authorization.

California “Do Not Track” Disclosure

Do Not Track is a web browser privacy preference that causes the web browser to broadcast a signal to websites requesting that a user’s activity not be tracked. Currently, our Sites do not respond to “do not track” signals.

CONTACTS US

If you have any questions about our Sites or this Privacy Policy, please email us at [email protected], call us at (310) 773-9909, or send us a letter to the following address:

QualiaOS, Inc.

ATTN: Privacy

120 Vantis, Suite 300
Aliso Viejo, CA 92656