NILX

Privacy Policy & Notice of Collection

Last updated: October 6, 2024

NILX Sports LLC, a Utah limited liability Company(“NILX,” “we,” or “us”), strives to respect the privacy of end users on our Online Platforms and has developed this PRIVACY POLICY & NOTICE OF COLLECTION(this “Privacy Policy”) to demonstrate our commitment to protecting your information in our capacity as a data controller and covered business in the normal course of our online business activities.Please note that this Privacy Policy governs your online access as an end user to our websites(including www.nilx.com), creator or reviewer of online information and recruitment cards at such websites, and your access to any mobile or stand - alone applications we may support in connection with our Platform Services(collectively our “Online Platforms”).Accordingly, this Privacy Policy describes to you what information we collect, how we may use your information, with whom we may share your information, your rights with respect to information we gather and process, and how you can exercise your rights or prevent unauthorized disclosure of your information.

PLEASE READ THIS PRIVACY POLICY CAREFULLY, WHICH ALSO SERVES AS A NOTICE OF COLLECTION FOR ALL INFORMATION YOU SUBMIT, BEFORE ACCESSING OUR ONLINE PLATFORM OR OUR PLATFORM SERVICES.BY USING OUR ONLINE PLATFORMS, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.

ABOUT OUR ONLINE PLATFORMS & USERS.

For the love of Athletes and the pursuit of dreams.

NILX publishes and maintains our Online Platforms to help rising Athletes create an online recruitment card to share their statistics, highlights, athletic images and videos, education status and degree, and other measurable performance metrics and skills in an environment where Coaches and Recruiters can quickly review this information and contact the Athlete (our “Platform Services”). Our Platform Services, as noted in our Terms of Use, include Recruitment Card Services where Athletes can elect to create an informational digital card of their statistics and recruitment details

Our hope and ongoing mission, as noted in the quote above, is that our Platform Services can help Athletes, Coaches, and Recruiters interact in a professional and engaging environment to foster recruitment, NIL and marketing opportunities, and amateur sports growth for the Athletes. With this in mind, when you visit our Online Platforms to access or use the Platform Services as an Athlete, Coach, or Recruiter, we are generally the controller of information and data we collect (if such information can identify you), and we will use and process it in accordance with this Privacy Policy and our separate Terms of Use (our “Terms of Use”).

As you review our privacy practices below, the type of information we may collect (and use) is based on your user category on our Online Platforms, which include:

“Athletes” who access and register to use the Platform Services for publishing their recruitment cards, statistics, and accomplishments.
“Guardians” who access the Online Platforms to provide their consent to, and monitor, their Athlete’s online profile or recruitment card.
“Coaches” of Athletes who are interested in reviewing Athlete statistics, academic performance, and other metrics shared by the Athlete.
“Recruiters” who are interested in seeking quality Athletes for recruitment, lawful NIL activities and offerings, or other marketing and growth opportunities.

1. INFORMATION WE COLLECT ABOUT YOU.

As you access and interact with our Online Platforms, we may collect (i) personal information or data that can potentially identify you, as described in more detail below, and (ii) other non-personal information or publicly available data that does not identify you, such as publicly posted highlight reels or articles and publications available in public sources.

1.1

Athlete Information. With respect to information of Athletes, we may collect the following information or data about you when you access and register to use our Platform Services and voluntarily create your unique profile or recruitment card:

Common Identifiers. First name, last name, birth date, your profile name or nicknames, email address, a biography description of your interests that might be unique to you, and phone number.
Physical Characteristics and Limited Biometric Details. Roster listings, photos or videos concerning your height, wingspan, vertical jump, combine or test numbers, performance and statistical metrics unique to you, gender, preferred pronouns, and age.
User Contributions, Statistics, and Postings. Content such as highlight articles and rewards, public articles reshared by the Athlete, photos, videos, and other posts submitted by you through the Platform Services (also referred to as “User Contributions”).
Educational Information. Because Recruiters and Coaches may wish to view your educational records on the Online Platforms in connection with offerings and recruitment, you may also voluntarily publish a form of your basic educational information (degree or education level, name of school, location of school, start date, end date, and transcripts or grades) through the Platform Services.
Approximate Location. In your use of the Online Platforms as an end user, we may also gather information through Tracking Technologies concerning your approximate location if location services are turned on through your device or browser settings.
Payment Card Information. If you or your Guardian (assuming you are an Athlete under 16 years of age) use our online payment system to subscribe to the Platform Services, we may use our third-party processors (such as Stripe) to collect your payment details and information.

1.2

Guardian Information. With respect to information of Guardians, we aim to collect only the minimum amount of information necessary to obtain consent for their Athlete (if under the age of 16) to engage with the Platform Services, including:

Common Identifiers.
Payment Information.

In general, we collect this information above directly from you when you visit the Online Platforms and voluntarily complete the registration process to use the Platform Services. We may also periodically obtain both personal and non-personal information about you from affiliates, business partners and referring athletic associations, ad services, and other third parties when those parties lawfully share the information with us. For Coaches and Recruiters, we do not actively gather profile or other material personal information (given that those end users do not generate a recruitment card), except automatic information gathered through Tracking Technologies.

YOU ARE NOT REQUIRED TO PROVIDE PERSONAL INFORMATION TO US WHILE USING OUR ONLINE PLATFORMS (FOR EXAMPLE, THROUGH DISABLING OR BLOCKING TRACKING TECHNOLOGIES). ALSO, YOU MAY ACCESS YOUR USER SETTINGS TO EDIT YOUR PROFILE ON THE PLATFORM SERVICES AND CHANGE THIS DATA AT ANY TIME. However, if you choose not to provide us with certain information or publish that information on the Online Platforms, you may not be able to fully access our content and publish your recruitment card through the Platform Services.

IN ADDITION, WE GENERALLY DO NOT COLLECT INFORMATION THAT IS CONSIDERED SENSITIVE OR HIGHLY PROTECTED UNDER DATA PROTECTION LAWS OUTSIDE OF THOSE LISTED ABOVE (AND EVEN THEN, ONLY WITH YOUR CONSENT BY YOU AFFIRMATIVELY UPLOADING THAT INFORMATION TO YOUR PROFILE OR RECRUITMENT CARD).

2. USE OF TRACKING TECHNOLOGIES (COOKIES).

In addition to our direct collection efforts described above, NILX may use, in our reasonable discretion, various tracking technologies, collection systems, and cookies or Google Analytics (collectively, “Tracking Technologies”) to collect personal and non-personal information from your device based on your activity on our Online Platforms, doing so according to this Privacy Policy.

As you may already know, Tracking Technologies retain information about your activity on our Online Platforms and other online locations to disclose that information to us or the owner of the applicable webpage or mobile application. When you access our Online Platforms, we may use Tracking Technologies to follow your usage of our Online Platforms and the information you review. The information we obtain in this manner enables NILX to customize the Online Platforms and to measure the overall effectiveness of our online presence for Athletes, Coaches, and Recruiters. We may also allow third parties, advertising companies connected with the sports community, and ad networks to display advertisements on our Online Platforms from time to time, some of which may include links to those third parties’ own sites. These companies may also use Tracking Technologies to collect information about users viewing or interacting with their advertisements. These third-party sites have separate and independent privacy policies, notices of collection, and terms of use. We do not assume responsibility or liability for the content and activities of these linked sites, and we encourage you to directly review the policies and privacy practices on those sites.

You may choose to opt out of certain Tracking Technologies by modifying your browser and device settings. If you do so, however, some of the information or content on our Online Platforms may be inaccessible. WE RECOMMEND YOU REVIEW YOUR DEVICE SETTINGS TO CONFIRM IF TRACKING TECHNOLOGIES, INCLUDING GEOLOCATION TRACKING, HAVE BEEN PROPERLY DISABLED OR CONFIGURED TO YOUR PREFERENCE.

3. PURPOSES FOR WHICH WE MAY USE THE INFORMATION WE COLLECT.

We collect, use, and process your personal and non-personal information to pursue our legitimate business interests in promoting Athletes and operating the Platform Services, perform our ongoing contractual obligations with you on the Online Platforms (according to our separate Terms of Use), and market information concerning NILX and our Platform Services. In furtherance of those purposes, we may use the information that we collect about you to:

Operate, maintain, and provide features of the Online Platforms.
Perform research and analysis about our Platform Services.
Perform our contractual obligations with our subscribing end users according to the provisions of our Terms of Use.
Contact users of the Online Platforms to provide support after such users voluntarily contact us.
Contact users, including Athletes, through their voluntarily disclosed emails or contact information to make offers for NILX or its affiliates to provide NIL rights or other representation services outside of the Platform Services.
Conduct surveys for our own internal or marketing purposes.
Aggregate information and end user reports to more effectively offer and develop AI Tools on the Online Platforms and generally develop our Platform Services.
Comply with legal obligations and prevent illegal activity, fraud, or abuse.
Enforce or defend the intellectual property and other rights underlying our Online Platforms and Platform Services if we detect misuse of those rights.
Use the information as otherwise described to you in our Terms of Use and Terms of Service.

4. HOW AND WITH WHOM WE MAY SHARE YOUR INFORMATION.

4.1

With Other Users or Online Viewers. In general, your recruitment card on the Online Platforms is fully visible to our end users and parties who receive a link to that online location (including Coaches and Recruiters). Subject to your choices in your personal settings for the Platform Services, you can modify your profile information to ensure your contact information (e.g., phone number or email) relates to you or your Guardian, if you are an Athlete. If you elect to disclose your personal contact information, as an Athlete, NILX cannot and will not be responsible for Coaches or Recruiters contacting you, instead of your Guardians, directly through that information.

4.2

With our Service Providers and Marketing Partners. We may share your information, profile, and data, including your phone number or contact information, with our support personnel and contractors who need such information to authenticate your log-in to the Online Platforms and send you informational updates (so long as you have not opted out of such messaging in accordance with our Terms of Use or Terms of Service). We may share your personal information for commercial purposes with others, such as our subsidiaries or affiliates, AI Tools, contractors, service providers (including third party marketing partners or ad agencies), developers, and other third parties we use to support our Online Platforms and Platform Services so long as those parties are bound by contractual or fiduciary obligations to keep your personal information secure and to use it only for the purposes for which we disclose it to them (e.g., in support of our Online Platforms).

4.3

For Aggregated Statistical Purposes. In maintaining our Online Platforms, we may also use, process, or sell aggregate information that does not identify you, such as survey responses, aggregated reports and user engagement details, and other statistical information, for any purpose permissible under applicable data and consumer privacy laws.

4.4

For Legal Purposes and to Defend our Rights. We may also share personal information if we believe in good faith that doing so is required by law or is otherwise required to exercise or defend legal rights, take precautions against liability, protect the rights of any individual, protect the integrity and proprietary rights of the Online Platforms, protect the Platform Services or others from fraudulent or unlawful activity, or defend against third party claims (including claims under our Terms of Use or Terms of Service).

4.5

To Improve our Services through AI. From time to time, we may also submit your information to our automated decisionmaking technologies or machine learning tools (each, an “AI Tool”) if doing so is reasonably related to one of the purposes described in Section 3 above. That said, if you wish to opt-out of any AI Tool use of your personal information (assuming we have implemented any such AI Tool) or request further information concerning our application of AI Tools, please contact us at the information below.

4.6

In connection with a Sale of NILX. We may also share your personal information and data as part of a sale, merger or change in control, or in preparation for any of these events that impact NILX or our affiliates. Any other entity that acquires NILX or part of our business will have the right to continue to use your information and data available on the Online Platforms, but only in the manner set out in this Privacy Policy unless you agree otherwise.

5. YOUR RIGHTS CONCERNING YOUR PERSONAL INFORMATION.

5.1

U.S. Consumer Rights. Pursuant to applicable U.S. data protection and consumer privacy laws, you may contact us to request the exercise of certain rights concerning your personal information, including the right to: (i) request that we disclose the categories and specific pieces of personal information we have collected and disclosed about you (although that will generally be readily apparent on the Online Platforms); (ii) confirm and know whether we have processed or sold your personal information; (iii) request information about NILX’s disclosure of personal information to our affiliates, AI Tools, service providers (including for their marketing purposes); (iv) opt-out of NILX sharing your personal information with third parties and our service providers; (v) request that we provide a copy of your personal information to you (data portability); (vi) request that we update your personal information or correct any inaccuracies you have detected through your use of the Online Platforms; (vii) opt-out of any direct or indirect profiling or targeted advertising we may engage in based on your use of the Online Platforms and our Tracking Technologies; or (viii) request that we otherwise delete your personal information. You also have the right to lodge a complaint with a supervisory authority if you believe we have breached the terms of this Privacy Policy with respect to your personal information. Depending on where you are located, some of these rights may not apply or may be subject to limitations. For example, we may limit the number of requests you make or charge reasonable fees as legally permitted. YOU WILL NOT FACE DISCRIMINATION FOR EXERCISING YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL INFORMATION.

5.2

Exercising your rights. You or your authorized representative may contact us (at the contact information below) to exercise these rights set out above. Your request must provide sufficient information that allows us to reasonably verify you are the data subject about whom the request is made and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

5.3

Opt-out instructions. If you wish to opt-out of certain features of the Online Platforms or our Tracking Technologies (including our use of AI Tools or phone messaging), please contact us at the information set out below and we will provide instructions.

6. AGE RESTRICTIONS (PRIVACY OF YOUNG ATHLETES).

Our Online Platforms (and the Platform Services) are not generally intended for persons under 16 years of age to access and review unless their Guardian has consented to such access. You and your Guardian (if you are under 16 years of age) will receive prompts and invites during your registration process to assist with this consent documentation (including upload of your payment information, which may serve as evidence of such consent). If you are under the age of 16, please do not provide any personal information to NILX through the Online Platforms or review the Platform Services available on the Online Platforms without first talking with and obtaining consent from your Guardian. We do not knowingly collect personal information from anyone under the age of 16 without parental consent, and if you believe we might have any information from or about a person under 16 without parental consent, please notify us immediately at the information set out below.

By nature of the Platform Services, it is possible that Athletes who use the Online Platforms may elect to upload and disclose photographs, highlight reels, and other User Contributions that show those athletes in somewhat revealing athletic attire or, in the case of wingspan photos, without a t-shirt or top covering (for male athletes). If any Guardian or Athlete wishes to remove those items from the Online Platforms, they retain full control and discretion to do so by contacting us at the information below or actively removing such content from their profile or recruitment card. NILX does not accept any liability for the posting of such photos or highlight reels. Please see our content standards under our Terms of Use for more details on our commitment to professional Online Platforms.

7. VISITING OUR ONLINE PLATFORMS FROM OUTSIDE THE UNITED STATES.

Please be aware that if you visit our Online Platforms from any jurisdiction outside of the United States, your information may be transferred, stored, and processed in the United States—which primarily serves as the main location of our data servers. Data protection and other consumer laws in the United States might not align with those in your jurisdiction, even in light of the consumer rights we have disclosed above. By accessing the information on our Online Platforms, you understand that your personal information and data may be transferred to our facilities and to those third parties with whom we share the information, as we’ve previously explained in this Privacy Policy.

8. DATA RETENTION PERIOD & SECURITY MEASURES.

We retain your personal information for a reasonable period to fulfill the purposes for which we collected it (as outlined in this Privacy Policy), including to defend our rights under the Online Platforms and the Platform Services. If we no longer reasonably need personal information for such purposes, we will, at our election and in accordance with applicable data protection laws, delete it from our records, anonymize the personal information, or archive the personal information in a manner consistent with industry standards for protection and retention of personal information, unless applicable law or legal considerations necessitate a longer retention period (as the case may be). If you elect to suspend or close your subscription to the Platform Services, we may retain your information and keep your profile log stored in our records for a reasonable time period, unless you affirmatively close and delete your account.

We strive to use technical and organizational measures to protect personal information against loss, misuse, and unauthorized access, use, or alteration. However, we cannot guarantee the complete security of these measures, so please exercise caution when submitting personal information online, including through our Online Platforms. We cannot guarantee that Coaches, Recruiters, or NIL related parties will not use the information they find on the Online Platforms for their own uses once they have reviewed an Athlete’s profile. NILX is not responsible for the individual actions of any users (including Coaches, other Athletes, and Recruiters) who take publicly posted information and use it for their own purposes.

If you choose to close and delete your profile on the Online Platforms, your personal data will generally stop being visible to others on our Platform Services. NILX retains discretion to delete a closed account and its information at any time after 30 days from your account closure. Even in those scenarios, we will retain only the required information necessary to comply with applicable law.

9. CHANGES TO THIS PRIVACY POLICY.

We may update or change this Privacy Policy from time to time based on modifications in law or internal review of our policies and procedures. When we perform an update, we will amend the “last updated” date above and notify you if such changes materially affect your rights or our obligations under this Privacy Policy. If you continue using our Online Platforms after the Privacy Policy has been updated, you will be considered to have accepted the new terms.

10. HOW TO CONTACT US.

If you have any questions, comments, or complaints about this Privacy Policy or our practices under applicable date protection and privacy laws, or if you have any requests in regard to your personal information, please contact: admin@nilx.com.

11. NIL RIGHTS DISCLAIMER.

AS NOTED IN OUR ONLINE TERMS OF USE, NOTHING IN OUR ONLINE DOCUMENTS AND POLICIES (INCLUDING THIS PRIVACY POLICY) CONSTITUTES, OR MAY BE INTERPRETED BY END USERS, AS ANY FORM OF AGENT STATEMENT, ATHLETE REPRESENTATION ACKNOWLEDGMENT, GUARANTY FOR LAWFUL COMPLIANCE WITH APPLICABLE NIL AND NCAA LAWS AND REGULATIONS, OR OTHER ENGAGEMENT AGREEMENT WITH NILX TO MARKET ANY ATHLETE OR THEIR NIL RIGHTS.

If any Athlete wishes to engage with NILX with respect to NIL-related agreements, collective discussions, and commercialization of their NIL rights, the Athlete must enter into a separate management agreement with NILX or its designated affiliate.