Privacy Policy

Updated July 2025

PURPOSE

PLEASE READ THIS ENTIRE PRIVACY POLICY CAREFULLY. USERS EXPRESSLY CONSENT, WITHOUT QUALIFICATION, TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION, AS DESCRIBED IN THIS PRIVACY POLICY. ANY INDIVIDUAL OR ENTITY THAT DOES NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY IS NOT AUTHORIZED TO USE OR INTERACT WITH OUR SERVICES IN ANY MANNER WHATSOEVER. BY ACCESSING OR USING THIS WEBSITE OR UTILIZING OUR SERVICES, USER AGREES TO THIS PRIVACY POLICY.

THE SITE IS NOT INTENDED FOR CHILDREN AND WE DO NOT KNOWINGLY SOLICIT OR COLLECT PERSONAL INFORMATION ON THE SITE FROM CHILDREN UNDER THE AGE OF 13. IF WE LEARN THAT A CHILD UNDER THE AGE OF 13 HAS SUBMITTED PERSONALLY IDENTIFIABLE INFORMATION TO US THROUGH THE SITE, WE WILL TAKE REASONABLE MEASURES TO DELETE SUCH INFORMATION FROM OUR RECORDS AND TO NOT USE SUCH INFORMATION FOR ANY PURPOSE (EXCEPT WHERE NECESSARY TO PROTECT THE SAFETY OF THE CHILD OR OTHERS, AS MAY BE REQUIRED BY LAW). THE SAFETY AND PRIVACY OF CHILDREN IS VERY IMPORTANT TO US. THE SITE IS A GENERAL AUDIENCE WEB SITE AND IS NOT GEARED TOWARDS CHILDREN UNDER THE AGE OF 13.

We reserve the right, in our sole discretion, to modify, update, alter, revise and/or edit this Privacy Policy ("Updated Privacy Policy") from time to time. Any and all Users hereby agree that we may notify Users of the Updated Privacy Policy by posting it on the Site or by providing other notice and that use of the Site after the effective date of the Updated Privacy Policy (or engaging in such other conduct as we may reasonably specify) constitutes agreement to, and consent to be bound by, the Updated Privacy Policy. Accordingly, Users should review this Privacy Policy and any Updated Privacy Policy before using the Site. The Updated Privacy Policy will be effective as of the time of posting, or such later date as may be specified therein, and will apply to use of the Site thereon.

We collect Personally Identifiable Information and Non-Personally Identifiable Information. "Personally Identifiable Information" is information that, alone or in combination with other information, can identify an individual or can be used to identify or contact an individual.

Personally Identifiable Information we collect may include, but is not limited to, name, age, email addresses, postal or shipping addresses, ZIP codes, location information (if User elects to allow), demographic information (e.g. age), employers, job titles, income, telephone numbers, date of birth, gender, age, marital status, user names and passwords (if a User elects to register with the Site), User tendencies and communication preferences, and any other information necessary or desirable to us in connection with providing quality Services to Users and/or customers.

We also may collect information that by itself typically cannot be used to identify or contact Users, such as User Internet Protocol (IP) addresses, browser types, domain names, internet service providers, referring/exit pages, date/time stamp, operating system, clickstream data, and other anonymous statistical data involving use of the Site (collectively, "Non-Personally Identifiable Information").

Users may choose not to provide Personally Identifiable Information by not entering it on the Site or otherwise by not providing it to us; however such individuals will not be able to utilize certain Services and features if those Services and features require disclosure of certain Personally Identifiable Information in order to function or to provide the Services.

When you pay online or at one of our locations, we use a third party service provider to process payments on our behalf. You must submit your name, your credit card number, bank account number, or other payment information, and billing information for payment verification purposes. This information allows our payment processor to process and fulfill your payment. We do not have access to your full credit card number or other payment information when you provide your payment information. Your sharing of such information is governed by our payment processors applicable privacy policy and terms of use.

Notwithstanding a User's interaction with the Site, we may also utilize and take photographs and video, but not audio recordings, of our customers and invitees in the common areas of our facilities, or at events not occurring at our facilities where we provide services. Such recordings are subject to this Privacy Policy, our photo release terms, and applicable law. We will only use the video recordings for its intended purpose, including for security, quality assurance, and for employment purposes. If you have any questions about these practices, please contact us at info@sportimeny.com.

We may collect Personally Identifiable Information from Users and customers at various places and through various mechanisms. This may include, for example, if Users and/or customers complete and submit any electronic forms or payments to us, whether in paper or digitally through the Site, participate in promotions, register for Services that we may provide, interact with any forum, bulletin board, or chat room that is offered by us on the Site, register for e-mail communications, or submit survey responses, questions or requests to us, whether in a paper writing or by use of e-mail address links on the Site. We may also ask Users and/or customers to voluntarily provide us with information: for example, while many of the features of the Site are available without registering, Users may be asked to create an account or profile on the Site if they desire to access certain features. Although you may decline to voluntarily provide Personally Identifiable Information when asked, some features, products and services will be unavailable as a result.

We may also collect Personally Identifiable Information through email communications to us that are not conducted through email portals that may be available to Users on the Site, as well as any in-person or telephonic interactions and communications that you may have with us. To be clear, this Privacy Policy applies to Personally Identifiable Information provided to us through any means.

Furthermore, we may receive Personally Identifiable Information about Users and/or customers from other sources that we may use to assist us in providing any services or features associated with our business. This Privacy Policy does not apply to Personally Identifiable Information about Users that we receive from other sources. However, we may combine the information we receive from these other sources with Personally Identifiable Information we collect. In those cases, we will apply this Privacy Policy to the combined information, unless specifically disclosed otherwise.

When Users visit the Site, we may automatically collect certain information on User activities. "Site Usage Information" is information about how our visitors use and navigate the Site. This may include, but is not limited to, the number and frequency of visitors to each web page, the length of their stays, the type of browser each visitor is using to view the Site (for example, Internet Explorer, Firefox), the type of operating system each visitor is using, (for example, Windows XP, Mac OS), the domain name of each visitor's Internet service provider (for example, America Online, Earthlink), the visitor's IP address, the address (or "URL") of the web site that the visitor came from before visiting the Site, which pages were visited on the Site, what was clicked on, and certain other available information. An IP address is a number that is automatically assigned to a computer whenever it accesses the Internet, which our web servers may use to identify where to send information requested by User computers. If a User requests pages from the Site, our servers may log the User's IP address as well as information about the User's activities on those pages.

Site Usage Information is frequently anonymous information, since it is not normally associated with a User or their identity. However, Site Usage Information may be used for a number of purposes, such as system administration, analysis of User demographics, Site performance enhancement, reporting aggregate information to our business partners, or auditing Site use. If Site Usage Information is combined with Personally Identifiable Information in a manner that it is directly associated with a User and/or customer's identity, it will be treated as Personally Identifiable Information under this Privacy Policy. To collect Site Usage Information, the Site (and any e-mails sent to Users and/or customers by the Site or otherwise by us) may utilize Cookies, Web Beacons, Embedded Scripts or similar technologies:

"Cookies" are small data files sent to a User's browser when a User visits the Site, which are stored on the User's computer. Whenever a User visits the Site, Cookies automatically identify a User's web browser, and may make navigating and using the Site easier. Also, by tracking User behavior, Cookies help us determine which areas are popular and which are not. Additionally, accepting Cookies may allow Users to, among other things, personalize and enhance their experience on the Site. If a User does not want to allow for use of Cookies, such User can generally opt-out by setting browsers to reject Cookies or via our cookie setting popup. However, please be aware that some areas and features of the Site may not be available to Users, in whole or in part, who disable the use of cookies. We may use the following cookies for the purposes described below:

• Essential Cookies: These are required for proper website functionality, including but not limited to maintaining security, improving Site navigation, and other necessary functions. These cookies cannot be disabled.
• Analytics Cookies: These cookies are used to monitor the Site’s performance and collect data on how visitors use our Site.
• Marketing Cookies: These cookies track user performance for advertising purposes.

"Web Beacons" are small, often invisible, graphic elements included in a web page or e-mail, allowing the party that set the Web Beacon to monitor and collect certain limited information about the viewer of the web page or e-mail message (such as the type of browser downloading the Web Beacon, the IP address of the computer that the Web Beacon is sent to and the time the Web Beacon was viewed, as well as the URL of the page the web beacon comes from). We may use Web Beacons for many purposes, such as to tally visitors to the Site, or to monitor how visitors navigate the Site, and we may include Web Beacons or similar technologies in e-mails in order to count how many of the e-mails (or particular articles, links, etc.) we send are actually opened.

"Embedded Scripts" are programming codes designed to collect information about User interactions with the Site, which are temporarily downloaded onto computers from our server or a contracted third party, and are active only while a User is connected to the Site – thereafter, Embedded Scripts are deleted.

We may elect to utilize Google Analytics (and in the future may use other similar sites or services), a web analytics service provided by Google, Inc. ("Google"), to better assist us in understanding how the Site is used. Google Analytics places Cookies on a User's computer that will generate information that we select about use of the Site, including such User's computer's IP address. That information is transmitted to and stored by Google, and used to evaluate User activities on the Site. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Typically a User may refuse the use of these Cookies by selecting the appropriate settings on their web browser or by installing the Google Analytics opt-out browser add-on. However, by doing so, such User may not be able to use the full functionality of the Site. Because Google is a third party, the use of Cookies by Google Analytics is covered by Google's privacy policy (http://www.google.com/policies/privacy/).

We may use technologies offered by other third parties to provide our Site and Services to you. In addition to Cookies, Web Beacons, Embedded Scripts, and Google Analytics, we reserve the right to use other now known or later developed technologies to assist us in observing and analyzing User behavior.

We may contract with other individuals and entities to assist with providing Services available to Users on the Site, and to otherwise assist us in operating and/or enhancing our business.

We may share Non-Personally Identifiable Information, such as Site Usage Information or other aggregated user statistics, with third parties. In addition, we may share Personally Identifiable Information as set forth in this Privacy Policy and in any other manner in which a User and/or customer consents via the Site or otherwise.

We may, and reserve the right to, retain and use Personally Identifiable Information and Non-Personally Identifiable Information for any and all purposes that we deem necessary or desirable to us, including but not limited to (1) the provision of Services or transactions; (2) analysis of interactions by and among use with any and all Users and/or customers; (3) communicating with Users and/or customers regarding information, features or offers that we believe will be of interest to customers, Users and/or potential customers; (4) responding to User requests; (5) contacting Users and/or customers; (6) processing information submitted through the Site; (7) conducting surveys; (8) combining such information with any other information that we may be lawfully in possession of in order to analyze any and all associations between consumers and us otherwise; (9) for marketing purposes and (10) the fulfillment of any other purpose disclosed at the time an individual provides Personally Identifiable Information.

We may share Personally Identifiable Information with affiliates, subsidiaries, or third parties who, without limitation, require access to Personally Identifiable Information for business purposes related to the Services we may offer. We may also share Personally Identifiable Information with third parties who perform services on our behalf, including, without limitation, third parties that send communications, process payments, analyze data, provide marketing or assist with our marketing efforts , or create, host and/or provide customer service on our behalf. We may engage and work with third-parties to service advertisements through third-party services, such as social media platforms. Some of these ads may be tailored to your interests based on your browsing of our Site and elsewhere on the internet, sometimes referred to as “targeted advertising,” which may include sending you an ad on a third-party service after you have left our Site.

We may disclose Personally Identifiable Information and Non-Personally Identifiable Information (1) when we believe in good faith that the law requires it; (2) at the request of governmental authorities conducting an audit or investigation; (3) pursuant to a court order, subpoena, or discovery request in litigation; (4) to verify or enforce compliance with our Terms of Use or other agreements or policies governing your associations with us, and with applicable laws, rules, and regulations; or (5) whenever we believe disclosure is necessary to limit our legal liability or to protect or enforce the rights, interests, or safety of our business, customers, Users or other third parties. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful.

We reserve the right to disclose and transfer Personally Identifiable Information in connection with a corporate merger, consolidation, restructuring, financing, sale of substantially all assets, or other corporate change. In addition, in discussing and negotiating any of the foregoing transactions, we may provide the potential buyer with information about Users and/or customers, which may include Personally Identifiable Information. Upon consummating one of the foregoing transactions, every User and/or customer's Personally Identifiable Information may be transferred to the purchaser, who will be required to treat such Personally Identifiable Information in accordance with this Privacy Policy.

We maintain commercially reasonable safeguards designed to maintain the security and privacy of Personally Identifiable Information that we collect. However, we cannot guarantee the security of any data whatsoever submitted over the Internet. The information we collect, in accordance with this Privacy Policy, is stored on servers protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties. We may store and process any of the information we may collect in the United States or any other country in which we or our agents maintain facilities. You agree that any information that we are authorized to collect hereunder may be transferred to and stored at any of these facilities. No storage or processing of Personally Identifiable can be guaranteed to be completely secure. Please consider this prior to sharing Personally Identifiable Information in any interactions whatsoever that you may have with us, whether or not such interactions occur on the Site.

Users are responsible for maintaining the secrecy of Personally Identifiable Information that they do not wish to be shared, and for controlling any and all interactions they may elect to have with the Site or any third party. Furthermore, we are not responsible for the functionality, privacy, or security measures of any other organization.

THIS PRIVACY POLICY DOES NOT GOVERN ANY INTERACTIONS OR USE, STORAGE, AND/OR FURTHER COLLECTION OR DISSEMINATION OF INFORMATION THAT MAY OCCUR WHEN USERS ELECT TO ENTER, REGISTER, UTILIZE, OR OTHERWISE INTERACT WITH, IN ANY MANNER WHATSOEVER, ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY OTHER WEBSITES OR MATERIAL OTHERWISE ACCESSIBLE BY ENGAGING LINKS ON THE SITE, AND REGARDLESS OF WHETHER ACCESS TO THIRD PARTY INTERACTIONS ARE OTHERWISE AVAILABLE ON, OR CAUSED OR OCCASIONED BY INTERACTING WITH, THE SITE. ANY INTERACTIONS BY AND AMONG USERS, OUR CUSTOMERS, AND THIRD PARTIES SHALL BE GOVERNED BY THE PRIVACY POLICIES AND PROCEDURES OF SUCH THIRD PARTIES. ANY THIRD-PARTY WEBSITE OR SERVICE THAT MAY PROCESS PAYMENTS OR PERFORM SCREENINGS FOR US, AS WELL AS ANY WEBSITES OF OUR ADVERTISERS, SPONSORS, AND AFFILIATED ENTITIES THAT ARE ACCESSIBLE THROUGH THE SITE, ARE CONSIDERED THIRD PARTIES, AND THEREFORE ANY AND ALL INTERACTIONS USERS MAY HAVE WITH THEM ARE NOT GOVERNED BY THIS PRIVACY POLICY.

In addition, third-party service providers may ask Users and/or customers to voluntarily provide Personally Identifiable Information or Non-Personally Identifiable Information and may share such information with us, as governed by their respective privacy policies. Unless expressly provided otherwise herein, our use of, or interaction with, any information received from any such third party will be dictated by the privacy policies of such third party and not this Privacy Policy.

Furthermore, certain content on the Site may be served by a third party. These third parties may also drop their own Cookies and/or use Web Beacons or Embedded Scripts. We do not control the use of such technology by third parties, the information they collect, or how they use and/or store such information.

Thus, Users should consult the specific privacy policies posted on third party sites when linking to them, and the privacy policies otherwise offered by third parties when disclosing any Personally Identifiable Information or Non-Personally Identifiable Information to such third parties whatsoever, as any links on the Site, or servicers with which we are associated, providing access to any third party web pages, services, or materials do not imply that we endorse or have reviewed such; furthermore, we are not responsible for any conduct employed by or related to any web pages, services, or materials linked to or from our Site, or any information or content contained therein. We are not responsible and do not have control over any third-parties that Users and/or customers authorized to access Personally Identifiable Information or Non-Personally Identifiable Information, whether voluntarily or involuntarily. Anyone who interacts with a third-party website or service does so at their own risk. We therefore encourage Users and/or customers to monitor when and if they are interacting with a third party and not us.

This Privacy Policy applies explicitly to the interactions you may have with us and does not apply to any interactions that Users and/or customers may have with one another. For more information on our role in regard to interactions by and among Users, please visit our Terms of Use, incorporated herein by reference, available at https://www.sportimeny.com/terms.

Sportime is based in the State of New York in the United States. We provide this Site only for the use of individuals located in the United States. We make no claims that the Site, its accessibility, or its content is appropriate or your access to it is legal outside of the United States. If you access the Site from outside the United States, you do so at your own initiative and risk, and consent to potential processing, collection, and transfer of your Personally Identifiable Information to a country that may have different privacy laws and that may or may not be as comprehensive as your own.

We strive to provide you with choices regarding the use and disclosure of your information, and have created the following mechanisms to afford you control over the same:

Tracking Technologies and Advertising: You can select which cookies are enabled for your use of the Site through our cookie pop up located on the Site. Essential cookies cannot be deselected as they are required for essential website functionality. You can change your selection at any time. Further, you can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some or part of this Site may then be inaccessible or not function properly.

Promotional Emails: Users may receive emails from us for a variety of reasons associated with their interactions with or on the Site. We respect the desire of Users to manage email correspondence. Users can manage receipt of some types of communication by following the instructions included in emails we send. Please note that, even if Users unsubscribe from certain email correspondences, we may still need to email Users with important information or other transaction communications.

In accordance with routine corporate record-keeping practices, we may delete certain records. Except as required under applicable law, we are under no obligation to store any Personally Identifiable Information or Non-Personally Identifiable Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such information. However, we may retain Personally Identifiable Information and Non-Personally Identifiable Information for a commercially reasonable time for backup, archival, and/or audit or other legal purposes. In the event you would like to review, have deleted, or otherwise limit any information publicly available on the Site, we invite you to contact us at info@sportimeny.com, which contact is the sole operator of, and collector of the information disseminated on or otherwise through, the Site in the manners herein described, and is designated as the party whom you may contact in regard to our information collection policies.

If any provision of this Privacy Policy is held invalid under any applicable law, such invalidity will not affect any other provision of this Privacy Policy that can be given effect without the invalid provision. Further, all terms and conditions of this Privacy Policy will be deemed enforceable to the fullest extent permissible under applicable law.

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: info@sportimeny.com