Last updated: December 10, 2022
This Privacy Policy applies to your access/use of the ‘NXPLAY.R’ website located at www.nxplayr.com (“Website”) and the ‘NXPLAY.R’ mobile application (hereinafter “App”). The Website and the App are owned and operated by Starmaker Labs FZ-LLC, a Company formed and operating from its head office in Dubai, United Arab Emirates (the “Company,” “we,” “us” or “our”). In this Privacy Policy, the Website and the App are collectively referred to as “the Platform”.
The Company is the data controller for the personal data that we collect from you through the Platform. If you have any questions relating to our privacy practices, this Privacy Policy or if you wish to exercise your data rights, please contact us at the contact details provided at the bottom of this Privacy Policy.
This Privacy Policy explains how the Company collects and uses your personal data to provide the ‘NXPLAY.R’ Service to you. We respect your privacy, and we are committed to only collecting and using your personal data in compliance with applicable privacy laws and regulations in the jurisdictions where we offer the Platform, including the General Data Protection Regulation 2016/679 (“GDPR”). We will only use your personal data as set out in this Privacy Policy if permitted by the local privacy laws of your jurisdiction. Please read this Privacy Policy carefully prior to proceeding to use our Platform, and if you do not agree with our privacy practices, please refrain from using the ‘NXPLAY.R’ Service (as defined below).
This Privacy Policy does not extend to your use of any third-party websites that are not owned or operated by the Company.
The following words, wherever used in this Privacy Policy, shall have the meaning as defined hereunder:
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Account Holder |
refers to the individual who signs up for the user account on the Platform, either on his own behalf or on behalf of his child or business.
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Data Controller |
has the meaning as defined in Article 4(7) of the General Data Protection Regulation.
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Data Subject |
refers to the account holder, or any person who interacts with the Company.
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GDPR |
refers to the General Data Protection Regulation 2016/679.
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Parent |
refers to the parent/legal guardian or legal guardian of a child who is under 16 years of age and who is responsible for managing the user account on behalf of their child.
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Personal Data |
has the meaning as defined in Article 4(1) of the General Data Protection Regulation.
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Processing |
has the meaning as defined in Article 4(2) of the General Data Protection Regulation.
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‘NXPLAY.R’ Service |
means the Platform, including all resources, software features/functionality, support services, and custom services provided by the Company to users of ‘NXPLAY.R’ Social, Professional, and/or ‘NXPLAY.R’ Marketplace services.
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User |
refers to a user account holder on the Platform. In case of a ‘parent managed account’, “user”, “you” or “your” refers to the parent who signs up for a ‘parent managed account’ on behalf of their child and in case of Business Accounts, user refers to the user who creates the business account on the Platform.
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User Account |
means the account created by a user on the Platform, which enables the user to securely log in and use the ‘NXPLAY.R’ Service. |
We collect information about you in multiple ways including information that you submit directly to us when you use the ‘NXPLAY.R’ Service, information that we automatically collect from your use of the Platform and information that we obtain from third-party services.
We will only collect and process your information if we have a lawful basis for processing your information which may include your consent, our contractual obligations/provision of the ‘NXPLAY.R’ Services or our legitimate interest in processing your personal data which does not override your rights.
Please note that you have the right to decline to submit any personal information when requested by the Company. However, you understand that if you refuse to provide any information that is required for the provision of specific NXPLAY.R Services, your refusal may lead to those ‘NXPLAY.R’ Services being unavailable to you.
The information we collect from you depends on the ‘NXPLAY.R’ Service you use. We collect information from you primarily in the following ways:
You submit the personal data to us in the following ways:
l User Account Registration and Profile Data (“Account Data”)
Your Account Data includes all personal data that you provide us with when you sign up for a user account (either for yourself or on behalf of your child or business), including but not limited to information you submit in your public profile.
User Account Data includes information such as your full name, gender, date of birth, place of birth, user profile photo, email address, phone number, height, weight, residential address, professional history, education, languages, skills, endorsements, recommendations, hobbies, business information, primary business contact, bank account and beneficial owner of the business and other similar information depending on whether you are creating an account as an individual or a business.
If you are creating a ‘parent managed account’ please do not post any child images or videos on the Platform without discussing such personal content with your child and explaining the implications of having the child’s personal information publicly available on the Platform. Some jurisdictions may advise parents against posting images or videos of very young children on any social platform. It is solely your responsibility to comply with your local laws and regulations. In the event your child requests you to remove their image/video or other personal information that was posted through your ‘parent managed account’, it is your responsibility to remove such content or request the Company to assist you in the execution of such request.
Please do not share any personal data on your own or your child’s user profile that you do not wish to be publicly visible on the world wide web.
How do we use your Account Data?
We use your Account Data for purposes, including but not limited to:
l Creating your user account on the Platform;
l Enabling you to use the ‘NXPLAY.R’ Services;
l Enabling other users to search and view your profile and connect with you;
l Enabling you to interact with other users on the Platform;
l Contacting you as and when required during the term of our Agreement;
l Serving relevant content and advertising to you.
Lawful basis
Our lawful basis for processing your Account Data is the performance of our contract with you as provided in Article 6(1)(b) of the GDPR.
l User Content Data
Your User Content Data includes data you create, post or upload on to the Platform primarily to engage other users, find new opportunities, promote your business/brands/products and/or grow your social network and influence. User Content Data includes any Groups, Channels, or Events you create or join on the Platform as well as data relating to your interaction with other user’s User Content on the Platform.
User Content Data includes any text, images, videos, articles, documents, products or other similar files/information you share through your User Account on the Platform. In some cases, User Content Data may include data about other Users’ such as a player’s professional level may be obtained from clubs who subscribe to the ‘NXPLAY.R’ Service.
How do we use your User Content Data?
We use your User Content Data for purposes, including but not limited to:
l Delivering, maintaining and improving the ‘NXPLAY.R’ Service to our users;
l Enabling users to engage others on the Platform and grow their social network;
l Enabling users to interact with other users and their User Content on the Platform;
l Marketing your products/services on the Platform;
l Detecting and preventing fraud or other similar unauthorised activities, including identifying and removing undesirable users with excessive negative reviews from the Platform.
Lawful basis
Our lawful basis for processing your User Content Data is the performance of our contract with you as provided in Article 6(1)(b) of the GDPR.
l Communication Data
Your Communication Data includes the content of any messages you send or receive through the Platform, including but not limited to any messages you send or receive from the Company.
Communication Data also includes any personal contact information we receive about you from other users such as your name, phone number and/or email address if and when a user authorises us to access their phone or email contacts to import them on to the Platform, and/or when such user send invitation/connection request message to you.
How do we use your Communication Data?
We use your Communication Data for purposes, including but not limited to:
l Delivering, maintaining and improving the ‘NXPLAY.R’ Service to our users;
l Enabling our users to grow their network by inviting their connections to join their ‘NXPLAY.R’ network;
l Enabling users to interact with other users;
l Responding to users support requests/enquiries and resolving any issues;
l Detecting and preventing fraud or other similar unauthorised activities, including spam.
Lawful basis
Our lawful basis for processing your Communication Data is the performance of our contract with you as provided in Article 6(1)(b) of the GDPR.
Our lawful basis for processing your Communication Data is our legitimate interest as provided in Article 6(1)(f) of the GDPR.
l Financial Transaction Data
When you subscribe to a paid plan, purchase additional services or conduct other financial transactions through the Platform, such as buying or selling products through the ‘NXPLAY.R’ Marketplace, we will collect some financial transaction data. Your financial transaction data that we collect includes the subject matter of your transaction (purchase of product or subscription), amount of your transaction, the date and time of the transaction, and your billing address. We do not collect and store any payment card data, which is collected and processed by our selected payment processor Stripe Inc. Please note, if you are a Seller on the ‘NXPLAY.R’ Marketplace, we may also collect some other information from you to distribute your revenue for sales completed through the Platform.
How do we use your Financial Transaction Data?
We use your Financial Data for purposes, including but not limited to:
l Processing your transaction and invoicing you;
l Distributing revenue to the Sellers (if any);
l Detecting and preventing fraud or other similar unauthorised activities and transactions.
Lawful basis
Our lawful basis for processing your Financial Transaction Data is the performance of our contract with you as provided in Article 6(1)(b) of the GDPR and our legitimate interest as provided in Article 6(1)(f) of the GDPR.
l Marketing Communication Data
When you subscribe to our mailing list, we collect your full name and your email address.
How do we use your Marketing Communication Data?
l We use your marketing communication data to send you our newsletter and other promotional material that we believe you would find interesting.
Lawful basis
Our lawful basis for processing this data is your consent, which you freely grant us when you opt-in to receive marketing material from us as set out in article 6(1)(a) of GDPR.
Please note that you can withdraw your consent at any time by clicking the unsubscribe button at the bottom of our marketing email. If you unsubscribe from our mailing list, we will immediately stop processing your personal data for our direct marketing purposes.
l Personal Identification Data
In some circumstances, we may ask you to verify your identity by submitting a copy of your government-issued identification such as a copy of your passport, driver’s license or other requested personal or business information.
How do we use your Personal Identification Data?
We may use your Personal Identification Data to verify your identity.
Lawful basis
Our lawful basis for processing your Personal Identification Data is our legitimate interest as provided in Article 6(1)(f) of the GDPR.
Our lawful basis for processing your Personal Identification Data is our compliance with our legal obligation as provided in Article 6(1)(c) of the GDPR.
l Miscellaneous Data
We may collect other miscellaneous data from users’ interaction on the Platform such as who you follow on the Platform, who follows you, the user profiles you view, users who have viewed your user profile, data from your participation in our surveys, etc.
How do we use Miscellaneous Data?
We use your Miscellaneous Data for purposes, including but not limited to:
l Enabling you to participate in our Surveys;
l Provide you with insights into your audience on the Platform;
l Communicating with you regarding our Platform and ‘NXPLAY.R’ Services;
l Any other purpose that we specify at the time we collect your personal data.
Lawful basis
Our lawful basis for processing this data is the performance of our contract with you as provided in Article 6(1)(b) of the GDPR and our legitimate interest as provided in Article 6(1)(f) of the GDPR.
When you access and make use of our Platform, we automatically collect some data about you, such as:
l Usage Data
We automatically collect some data about you when you use our Platform, such as the pages you visit on our Platform; your interaction with Company Content, User Content and Advertisements on the Platform; the searches you perform on the Platform; the time and date of your visits and other similar data.
How do we use your Usage Data?
We use this data for purposes, including but not limited to:
l Maintaining and improving our Platform;
l Improving ‘NXPLAY.R’ Service offering and creating new services;
l Guiding our marketing strategy.
Lawful basis
Our lawful basis for processing this data is our legitimate interest, which does not override your data rights as set out in article 6(1)(f) of GDPR.
l Technical Data
We automatically collect some technical data from you when you access our Platform including but not limited to your Internet Protocol (IP) address, your browser type and version, hardware mode of your device, your time zone setting and location permissions, and other similar information.
How do we use your Technical Data?
We use this data for purposes, including but not limited to:
l Making the ‘NXPLAY.R’ Service available on your device;
l Maintaining and improving our Platform;
l Improving ‘NXPLAY.R’ Service offering and creating new services;
l Detecting and preventing fraud or other similar unauthorised activities;
l Sending you system updates and alerts.
Lawful basis
Our lawful basis for processing this data is our legitimate interest, which does not override your data rights as set out in article 6(1)(f) of GDPR.
l Location Data
Every time you access the Platform, we automatically collect information about the location of your device.
How do we use your Location Data?
We use this data for the following purposes:
l Making certain service features available to you;
l Displaying location-relevant content to you.
You have the choice to refuse the collection of location data when requested. Please note that when you disallow our access to your location data, it may restrict your ability to use certain features and functionality of the Platform.
Lawful basis
Our lawful basis for processing this data is your consent, which you freely grant us when you opt-in to receive marketing material from us as set out in article 6(1)(a) of GDPR.
l Cookies Data
We also collect some data through the use of cookies, pixels, and tags when you visit our Website and when you interact with our ads.
How do we use Cookies Data?
We use this data for the following purposes:
l Improving our understanding of how you interact with ‘NXPLAY.R’ Services.
You have the choice to accept or reject cookies by changing your browser settings at any time as well as by deleting cookies.
Lawful basis
Our lawful basis for processing this data is your consent, which you freely grant us when you opt-in to receive marketing material from us as set out in article 6(1)(a) of GDPR.
l Social Media Data
When users sign-up on the Platform using their social media accounts such as LinkedIn, Facebook or Instagram or connect their social account with their user profile on the Platform, we will collect some information from the third-party social media service provider such as the user’s name, email address, age, and other publicly available information in accordance with the authorisation procedures of the third-party social media service provider.
How do we use Social Media Data?
We use this data for the following purposes:
l Enabling you to log into your user account on the Platform;
l Enabling you to share some content from the Platform with your connections on such third-party social media service.
Lawful basis
Our lawful basis for processing this data is the performance of our contract with you as provided in Article 6(1)(b) of the GDPR.
We may also use any information we collect from you for other lawful purposes such as our legal compliance and/or to assert our legal rights or defend any claims. Where we request your consent to the processing of your personal data for marketing purposes, you may withdraw your consent at any time by unsubscribing from the marketing communication.
We do not sell or rent your personal data to any third party. However, we may disclose your personal data to third parties as outlined hereunder:
We will share and disclose your data to our employees, contractors and other service providers who need access to such data to deliver you the ‘NXPLAY.R’ Services on our behalf.
When you purchase any products from Sellers on the ‘NXPLAY.R’ Marketplace, we will disclose some of your personal data such as your name and shipping address to such Seller on the Platform.
When you leave any ratings and reviews (public and private), we will disclose your personal data to our users, such as your username, product purchased, and the content of your review.
If we sell or otherwise transfer any part or whole of our business, we reserve the right to transfer your personal data as part of our assets to the entity that acquires or merges with our Company.
When you create a user account on the Platform, the content of your public profile and any user content you create, post, upload or publicly interact with (such as content you like, comment or share) will become publicly visible to other users on the Platform and such content can also be discoverable to users on the world wide web.
We may be required to disclose your personal data to local and international government authorities, law enforcement bodies, courts of law, or other government agencies as and when required for compliance with the law.
We may also disclose your information during any legal action or proceedings to assert our rights and interests under our Agreement with you or to defend any legal claims you or another party makes against us.
The Platform may enable users to share some User Content on third-party social media services. The shared User Content may become visible to the friends/connections of the user who shared such User Content on their third-party social media account or to the public, depending on the social settings and privacy practices of the third-party social media service.
We may use third-party advertising partners to serve ads to you on our behalf. Such third-party vendors use cookies to inform, optimise, and serve ads based on your use of the Platform.
We may also make use of third-party analytics tools to evaluate the usage of our Platform. These third-party analytics tools may use cookies, pixels, and web beacons to collect some of your data to provide the analytics services to us.
We may share anonymous statistical data we collect from you during your use of the ‘NXPLAY.R’ Service with third parties for our business purposes.
We may share any other data about you with third parties, with your consent and on your instructions.
The security of your data is important to us, and we take all reasonable and commercially viable steps to protect your data from unauthorised access, use, modification, destruction, or loss. Despite our use of best practices, you understand and accept that no mode of transmission over the internet is completely secure, which is why we cannot offer any guarantees as to the absolute security of your data.
The Company is operating from Dubai, United Arab Emirates. As specified above, we may sometimes share your personal data with third parties who are located in countries different from where your data is collected. If you are located in the European Economic Area (EEA), we may transfer your data to third countries where data protection laws are less stringent than those in the EEA.
Whenever we transfer your data to any third country that does not have adequate data protection, we will take steps to ensure that your personal data receives the same level of protection as provided within the EEA. We will use safeguards, including Standard Contractual Clauses as provided by the European Commission to ensure your privacy rights are protected by the receiving entity in such a third country.
We will only retain your personal data on our database and servers as long as it is required for delivering our services to you in accordance with our Agreement with you and for our business and legal compliance purposes. We will not retain your personal data longer than we are required to keep it for the purpose for which we initially collected it. Once we no longer have a lawful basis for processing your personal data, we will securely purge it or anonymise it so it cannot be linked back to you as an individual.
If you are currently in the EEA, your rights relating to your personal data that we hold are as follows:
l Right to access your personal data
As a data subject, you may ask us to provide you with a copy of all your personal data that we have for you.
l Right to rectification
You have the right to rectification of any incorrect or incomplete information. You can exercise your right by logging into your user account and editing the relevant information; alternatively, you can contact us at the contact information provided at the bottom of this Privacy Policy with your rectification request.
l Right to data portability
You shall have the right to receive the personal data concerning you, in a structured, commonly used, and machine-readable format.
l Right to withdraw consent
If you subscribe to receive any direct marketing material from us by opting-in, you can withdraw your consent by clicking the “unsubscribe” button at the bottom of our marketing email or by contacting us with your request.
l Right to erasure of personal data
In limited circumstances, you may have the right to request the erasure of your personal data, such as where you have a reason to believe that your personal data is being processed unlawfully or where the personal data is retained for longer than specified in our data retention policies. Please note that you can initiate your personal data deletion at any time by terminating your user account and uninstalling the App.
l Complaints
If you believe that our privacy practices infringe on your privacy rights, we will appreciate it if you would contact us to discuss the matter first by sending an email to [legal@nxplayr.com]. If you are dissatisfied with our response, you also have the right to complain to your local data protection authority.
We are committed to protecting children’s privacy. The Platform does not allow users under the age of 16 years (“children” or “child”) to sign up for a user account. However, we do allow parents to create and manage user accounts for their children who are under the age of 16 years.
The parent/legal guardian must be over the age of 18 years to sign up for a user account on the Platform. Parents are advised not to submit any personal data about their child that they do not wish to be publicly available. Furthermore, Parents are advised not to upload, post or share any personal images, videos, or likeness of their child without first discussing such content with the child. We will provide a link to this privacy policy in the email we send to the parent, inviting them to create a user account on behalf of their child. It is solely parents’ responsibility to familiarise themselves with their local laws and not to submit any sensitive personal information relating to their child.
You can update or delete any personal data relating to your child on the Platform at any time. As a parent/legal guardian, you can also delete the profile you created for your child on the Platform.
As a California resident, you have specific rights relating to your information, including the right to:
l Request access to the specific personal data that we have collected about you in the preceding year. You also have the right to request information about our privacy practices, how we collected your personal data, parties with whom we share your personal data. You may make specific requests to exercise these rights by logging into your user account on the Platform or by sending a support request to us. Please note that we have provided comprehensive information to address these rights in this Privacy Policy. However, if you have any additional requests, you may contact us at the contact email provided at the bottom of this Privacy Policy.
l Request deletion of your information (available in limited circumstances).
l Instruct the Company not to sell your information to any third party by exercising your right to opt-out.
l Not to be discriminated against for exercising your rights as outlined in this provision.
We currently do not respond to DNT signals if our users have enabled them in their web browser.
Our Platform may contain links to third-party websites that are not owned or operated by us. Should you decide to click on any such third-party links, you will be directed to such a third party’s website. These third-party websites are governed by their own Terms and Conditions and Privacy Policy. We encourage our Users to review the third-party Terms and Privacy Policy before making use of such services. The presence of any third-party links on our Platform does not constitute an endorsement or recommendation of such third party, and we cannot be held responsible for such third party’s actions.
From time to time, we may amend this Privacy Policy to reflect our new privacy practices and commitment to compliance with applicable privacy laws and regulations. We will post the updated Privacy Policy on this page and notify you of such updates by changing the last updated date on the top or by sending an email. You should review this Privacy Policy regularly to ensure that you are familiar with any changes. You understand and accept that your continued use of the Platform after the update's effective date will be deemed your tacit acceptance of any updated privacy practices.
If you have any questions, comments, or inquiries regarding this Privacy Policy, please contact us at [legal@nxplayr.com].
Important notice:
Both English original and French translated versions of this policy are considered to be equally authentic. In the event of any discrepancy or inconsistencies between the two aforementioned versions, the English version shall always prevail in determining the spirit, intent, and meaning of this policy.