PRIVACY POLICY

Last Updated February 5, 2024

Introduction

9Round Franchising (“9Round,” “we,” “our,” or “us”) respects the privacy of your information. This Privacy Policy is designed to assist you in understanding how we collect, use, share, and safeguard your information. This Privacy Policy applies to individuals who access this website, our mobile application, or any other interactive properties through which we offer services (collectively, “Sites”) as well as any of our online and, where required, offline services (collectively, “Services”).

From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. Please review this Privacy Policy periodically.

This Privacy Policy covers the following topics:

1. Personal Data We Collect
2. How We Use Your Personal Data
3. How We Share Your Personal Data
4. Cookies and Other Tracking Technologies/li>
5. Security
6. Third Party Links
7. Children’s Privacy
8. Notice to Nevada Residents
9. Your State Privacy Rights and Additional Disclosures
10. Notice to California Residents
11. International Data Transfer
12. International Data Privacy Rights.
13. Accessibility
14. How to Contact Us

Personal Data We Collect

We collect personal information from you through your use of the Sites and Services. Personal information is information that is linked or reasonably linkable to an identified or identifiable individual. We collect the following types of personal information:

Personal Data You Provide

Depending on how you interact with our Sites and Services, we will collect the following personal information that you voluntarily provide to us for the following purposes:

• Create an Account. If you create an account, you will provide your name, email address, phone number, and selected login credentials.
• Login to Account. When you log in to your account, you will provide your log in credentials.
• Place an Order. When you place an order through our shop, you will provide your name, email address, shipping address, billing address, and payment information.
• Place Inquiry or Contact Us. When you contact us, such as to place an inquiry regarding a product or Services, you will provide your name, your email address, your phone number, and any other information you choose to provide.
• Subscribe to Emails. If you subscribe to our promotional emails, you will provide your name and email address.
• Sign-up for Text Communications. If you elect to receive communications from us via text message, you will provide your name and phone number. You may opt-out of receiving SMS messages at any time.
• In Person Interactions. When you visit us at a studio, trade show, or other location where we are promoting 9Round, you may provide your name and company information, and any other information you choose to provide via forms, surveys, business cards, or event badge scans.
• Other Interactions with our Sites or Services. When you send us any feedback, questions, comments, suggestions, ideas, or interact with us in any way, you may need to provide us with your log-in information, name and/or email address.

Personal Data as You Navigate Our Sites

We automatically collect certain personal information through your use of our Sites and our use of cookies and other tracking technologies, such as the following:

• Usage Information. For example, the pages on the Sites you access, the frequency of access, and what you click on while on the Sites.
• Device Information. For example, hardware model, operating system, application version number, and browser.
• Mobile Device Information. Aggregated information about whether the Sites are accessed via a mobile device or tablet, the device type, and the carrier.
• Location Information. Location information from visitors to the Sites on a city-regional basis.

For more information on our cookie usage see our “Cookies and Other Tracking Technologies” section below.

Personal Data We Collect About You from Other Sources

In some cases, we may receive personal information about you from other sources. This includes government entities, advertising networks, data brokers, operating systems and platforms, mailing list providers, social networks and advertising and marketing partners.

User Generated Content

We may invite you to post content on the Sites, including your comments and any other information that you would like to be available on the Sites, which may become public (“User Generated Content”). If you post User Generated Content, all of the information that you post will be available to authorized personnel of 9Round and may be made available to the public at our discretion. You expressly acknowledge and agree that we may access in real-time, record, and store archives of any User Generated Content on our servers to make use of them in connection with the Service. If you submit a review, recommendation, endorsement, or other User Generated Content through the Site or Services, or through other websites including Facebook, Instagram, Google, Yelp, and other similar channels, we may share that review, recommendation, endorsement, or content publicly on the Site.

How We Use Your Personal Data

In addition to the purposes stated above, we may use all the personal information we collect in accordance with applicable law such as to:

• Maintain and improve our Sites and Services;
• Protect the security and integrity of our Sites and Services;

• Investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Service, and to otherwise fulfill our legal obligations;
• Monitor compliance with and enforce this Privacy Policy and any applicable agreements and policies;

• Defend our legal rights and the rights of others;
• Fulfill any other purposes for which you provide it;
• For any purpose that is reasonably necessary to or compatible with the original purpose for which we collected the personal information as disclosed to you; and
• Comply with applicable law.

How We Share Your Personal Data

We may share the personal information that we collect about you in the following ways:

• With vendors who perform data or Site-related services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.);
• To the extent that we are required to do so by law;
• In connection with any legal proceedings or prospective legal proceedings;
• To establish, exercise, or defend our or a third party’s legal rights, including providing information to others for the purposes of fraud prevention;
• With any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information;
• With any other person or entity as part of any business or asset sale, equity transaction, merger, acquisition, bankruptcy, liquidation, or similar proceeding, or in preparation for any of these events;
• With any other person or entity where you consent to the disclosure; and
• For any other purpose disclosed by us when you provide the personal information or for any other purpose we deem necessary, including to protect the health or safety of others.

For more information on how we share personal information with third parties, and how/that sharing may be classified as a “sale” or similar term under certain state laws, see our “Your State Privacy Rights and Additional Disclosures” section below.

Cookies and Other Tracking Technologies

How We Use Cookies

Like many other companies, we use cookies and other tracking technologies (collectively, “Cookies”). Cookies are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets).

We use Cookies to:

• Estimate audience size and usage patterns;
• Understand and save your preferences for future visits, allowing us to customize the Sites and Services to your individual needs;
• Advertise new content and services that relate to your interests;
• Keep track of advertisements and search engine results;
• Compile aggregate data about site traffic and site interactions to resolve issues and offer better site experiences and tools in the future; and
• Recognize when you return to the Sites.

We set some Cookies ourselves, while separate entities set other Cookies. We use Cookies other entities set to provide us with useful information, to help us improve our Sites and Services, to conduct advertising, and to analyze the effectiveness of advertising. For example, we use Cookies from Google, Facebook and other similar companies.

How You Can Opt Out of Cookies

Browser Settings

You can block Cookies by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Sites.

You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org or www.allaboutcookies.org.

Platform Controls 

You can opt out of Cookies set by specific entities by following the instructions found at these links:

• Adobe: https://www.adobe.com/privacy/opt-out.html
• Facebook: https://www.facebook.com/about/ads
• Google: https://adssettings.google.com
• LinkedIn: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out
• Microsoft: https://account.microsoft.com/privacy/ad-settings/
• Twitter: https://twitter.com/personalization
• Yahoo: https://policies.yahoo.com/xa/en/yahoo/privacy/topics/opt-outfaq/

Advertising Industry Resources

You can understand which entities have currently enabled Cookies for your browser or mobile device and how to opt out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.

Please note these opt-out mechanisms are specific to the device or browser on which they are exercised. Therefore, you will need to opt out on every browser and device that you use.

Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies to help us analyze how users interact with the Sites and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, click here.

Google reCAPTCHA

We use Google reCAPTCHA, a free service provided by Google, Inc., to protect our Sites from spam and abuse. Google reCAPTCHA uses advanced risk analysis techniques to decipher humans and bots. Google reCAPTCHA works differently depending on what version is deployed. For example, you may be asked to check a box indicating that you are not a robot or Google reCAPTCHA may detect abusive traffic without user interaction. Google reCAPTCHA works by transmitting certain types of information to Google, such as the referrer URL, IP address, visitor behavior, operating system information, browser and length of the visit, cookies, and mouse movements. Your use of Google reCAPTCHA is subject to Google’s Privacy Policy and Terms of Service. More information as to Google reCAPTCHA and how it works is

Other Types of Collecting Activities

The Sites and Services may use Cookies third-party vendors provide to collect information on user behavior (e.g., screens and pages visited, buttons and links clicked, limited information entered, and user taps and mouse movements). This information enables us to monitor and improve the user experience.

Security

We maintain commercially reasonable security measures to protect the personal information we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your personal information, we cannot guarantee absolute security.

Third Party Links

The Sites may contain links that will let you leave the Sites and access another website. Linked websites are not under our control. We accept no responsibility or liability for these other websites.

Children’s Privacy

The Sites and Services are not intended for children under 13 years of age. We do not knowingly collect, use, or disclose personal information from children under 13.

Notice to Nevada Residents

Nevada law allows Nevada residents to opt out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt out of sales and we will record your instructions and incorporate them in the future if our policy changes. You may send opt-out requests to techsupport@9round.com.

Your State Privacy Rights and Additional Disclosures

Depending on the state in which you reside, you may have certain privacy rights regarding your personal information. If you are a California resident, please see our “Notice to California Residents” section below. For other state residents, your privacy rights may include (if applicable):

• The right to confirm whether or not we are processing your personal information and to access such personal information;
• The right to obtain a copy of your personal information that we collected from and/or about you in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another controller without hindrance, where the processing is carried out by automated means;
• The right to delete personal information that we collected from and/or about you, subject to certain exceptions;
• The right to correct inaccurate personal information that we maintain about you, subject to certain exceptions;
• The right, if applicable, to opt out of the processing of your personal information for purposes of (1) targeted advertising; (2) the “sale” of your personal information (as that term is defined by applicable law); and (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you;
• If we are required by applicable law to obtain your consent to process sensitive personal information, the right to withdraw your consent; and
• The right not to receive discriminatory treatment by us for the exercise of your privacy rights.

Depending on how the applicable privacy law defines a “sale,” we may sell personal information to third parties. For instance, if you are a resident of Colorado or Connecticut, our use of cookies and tracking technologies constitutes a sale of personal information to third-party advertisers. We also use Cookies to display advertisements about our products to you on nonaffiliated websites, applications, and online services. This is “targeted advertising” under applicable privacy laws. We do not use personal information for profiling in furtherance of decisions that produce legal or similarly significant effects concerning individuals.

Notice to California Residents

The California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (“CCPA”), requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, sale, sharing, and retention of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this section does not apply to you and you should not rely on it.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information or lawfully obtained, truthful information that is a matter of public concern. For purposes of this “Notice to California Residents” section we will refer to this information as “personal information.”

Notice at Collection of Personal Information

We currently collect and, in the 12 months prior to the Last Updated Date of this Privacy Policy, have collected the categories of personal information described in above sections of this:

We collect personal information directly from California residents and from advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, and social networks. We do not collect all categories of personal information from each source.

In addition to the purposes stated above in the section “How We Use Your Personal Data” we currently collect and have collected the above categories of personal information for the following business or commercial purposes:

• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
• Helping to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for these purposes.
• Debugging to identify and repair errors that impair existing intended functionality.
• Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of your current interaction with us, provided that your personal information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us.
• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services.
• Providing advertising and marketing services.
• Undertaking internal research for technological development and demonstration.
• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

Sale, Sharing, and Disclosure of Personal Information

The CCPA defines “sale” as the transfer of personal information for monetary or other valuable consideration. Although we do not “sell” personal information as that term may be commonly interpreted, we engage in online activities that may constitute a sale or a share of personal information under California law. This may include showing you advertisements on other websites.

The following table identifies the categories of personal information that we sold or shared to third parties in the 12 months preceding the Last Updated Date of this Privacy Policy and, for each category, the categories of third parties to whom we sold or shared personal information:

We sold or shared personal information to third parties for the following business or commercial purposes:

• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services.
• Providing advertising and marketing services.
• Undertaking internal research for technological development and demonstration.

The following table identifies the categories of personal information that we disclosed for a business purpose in the 12 months preceding the of this Privacy Policy and, for each category, the categories of recipients to whom we disclosed personal information: 

We disclosed personal information for the following business or commercial purposes:

• Auditing related to counting ad impressions to unique visitors, verifying positioning and
• Helping to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for these purposes.
• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services.
• Providing advertising and marketing services.
• Undertaking internal research for technological development and demonstration.

We do not knowingly collect or sell or share the personal information of consumers under 16 years of age. We do not collect or process sensitive personal information for the purpose of inferring characteristics about individuals and, consequently, do not collect sensitive personal information or use it for purposes other than those allowed by the CCPA and its regulations.

Retention of Personal Information

We retain your personal information for as long as necessary to fulfill the purposes for which we collect it, such as to provide you with the service you have requested, and for the purpose of satisfying any legal, accounting, contractual, or reporting requirements that apply to us.

Your Rights

If you are a California resident, you have the following rights with respect to your personal information:

• The right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which we collected personal information, the business or commercial purpose for collecting, selling or sharing personal information (if applicable), the categories of third parties to whom we disclose personal information (if applicable), and the specific pieces of personal information we collected about you;
• The right to delete personal information that we collected from you, subject to certain exceptions;
• The right to correct inaccurate personal information that we maintain about you;
• If we sell or share personal information, the right to opt out of the sale or sharing;
• If we use or disclose sensitive personal information for purposes other than those allowed by the CCPA and its regulations, the right to limit our use or disclosure; and
• The right not to receive discriminatory treatment by us for the exercise of privacy rights the CCPA confers.

How to Submit a Request to Know, Delete, and/or Correct

You may submit a request to know, delete, and/or correct by emailing us at techsupport@9round.com. If you submit a request to delete online, you may be asked to confirm separately that you want your personal information deleted.

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, and if the request is not subject to an exemption or exception, we will require additional information to verify your authority to act on behalf of the California resident.

Our Process for Verifying a Request to Know, Delete, and/or Correct

We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request. Our verification process may differ depending on whether you maintain a password-protected account with us.

If you maintain a password-protected account, we may verify your identity through existing authentication practices available through your account. Prior to disclosing or deleting the personal information, we will ask you to re-authenticate yourself with respect to that account.

If you do not maintain a password-protected account, or if you are an account-holder but we suspect fraudulent or malicious activity with your account, we will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the personal information and the risk of harm to you by unauthorized disclosure, deletion, or correction as applicable. To do so, we will ask you to verify data points based on information we have in our records concerning you.

Right to Opt Out of Sale or Sharing of Personal Information

If you are a California resident, you have the right to direct us to stop selling or sharing your personal information. You may submit a request to opt out of sales or sharing by emailing: techsupport@9round.com.

Shine the Light Law

If you are a California resident and have an established business relationship with us, California Civil Code § 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes (as those terms are defined in that statute). To make such a request, please send an email to techsupport@9round.com with the subject line “Shine the Light Request” or write us: 837 NE Main St, Simpsonville, SC  29681.

International Data Transfer

If you are located outside the United States, in particular if you are located in Canada, Brazil, the European Union (“EU”), the European Economic Area (“EEA”), New Zealand, the Republic of South Africa, Switzerland, the United Kingdom, or other countries with similar data privacy laws, please note that we and our servers are located in the United States. Any information that you provide to us may be transferred to and processed in the United States or other countries around the world where we do business. Although this may include recipients of information located in countries where there may be a lower level of legal protection for your personal information than in your country, we will make efforts to protect your information in accordance with requirements applicable to the law in your particular jurisdiction and take steps to only share with third parties that offer similar protection. By engaging with and providing personal information and other data that 9Round may legitimately collect, process, use or transfer in connection with your relationship with Ecolab, you unambiguously consent to your information being collected, processed, used, and transferred as disclosed herein.

International Data Privacy Rights.

If you are located outside the United States, the law in your country of residence may grant you certain rights under the law. In particular, the right to access, correct, and delete the personal information we hold about you. 9Round will retain your personal information for the length of time you engage with our services as described in the retention section of this Notice, until you request deletion of such personal information. 9Round is considered the Data Controller (or equivalent distinction) with regard to your personal information. You can find our contact information as described herein or in other portions of the Service.

In certain circumstances, you have the following data protection rights:

• The right to access, update, or delete the personal information we have on you.
• The right of rectification. You have the right to have your personal information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your personal information.
• The right of restriction. You have the right to request that we restrict the processing of your personal information.
• The right to data portability. You have the right to be provided with a copy of the personal information we have on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.

In order make a request regarding your personal information, please contact techsupport@9round.com.

If you have a comment, question, or complaint about how we are handling your personal information, we hope that you contact us as described herein to allow us to resolve the matter. In addition, if you are located in the EEA, you may submit a complaint regarding the processing of your personal information to a regulatory authority.

The following links may assist you in finding the appropriate regulator:

• In the UK, you have the right to lodge a complaint with the Information Commissioner: www.ico.org.uk
• In Switzerland, you have the right to contact the Federal Data Protection and Information Commissioner (FDPIC): FDPIC
• In the EU, you have the right to lodge a complaint with your local data protection authority. To find your local authority, you can check the list on the European Data Protection Board website: https://edpb.europa.eu/about-edpb/board/members_en
• In South Africa, you have the right to file a complaint with the Information Regulator: https://www.justice.gov.za/inforeg/index.html
• In Brazil, you have the right to lodge a complaint with the National Data Protection Authority (ANPD)
• In Argentina, you have the right to contact the National Directorate for Personal Data Protection: PDP
• In Canada, you have the right to lodge a complaint with the Office of the Privacy Commissioner in Canada: Office of the Privacy Commissioner no Canada
• In Japan, you have the right to contact the Personal Information Protection Commission: https://www.ppc.go.jp/en/
• In Australia, you have the right to lodge a complaint with the Privacy Commissioner: Australian Information Commissioner
• In New Zealand, you can contact the Privacy Commissioner’s office: www.privacy.org.nz

Legal Basis for Processing

If you are located in a jurisdiction that requires a legal basis for processing, our legal basis for collecting and using the personal information described in this Notice depends on the personal information we collect and the specific context in which we collect it.

We may process personal information because:

• It is necessary for the performance of a contract between you and 9Round;
• You have given us consent to do so (in applicable jurisdictions);
• The processing is in our legitimate interest as the Controller, when that legitimate interest is not overridden by your rights;
• 9Round must comply with the law.

Where certain sensitive personal information is processed based on your explicit consent, you may have the right to withdraw such consent at any time. To do so, please contact us as described in this Privacy Notice. If there is a different legal basis that would permit us to continue processing your personal information after withdrawing consent, we will notify you of that legal basis at the time of your request.

Accessibility

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact us as described below. Please also see our Accessibility Statement.

How to Contact Us

To contact us for questions or concerns about our privacy policies or practices, please contact us at: 847 NE Main St, Simpsonville, SC  29681 or techsupport@9round.com.