Martial Arts Technologies & Affiliates’ Conditions of Use and Privacy Notice

December 2019

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING THIS WEBSITE, YOU AGREE TO THE CONDITIONS OF USE AND PRIVACY NOTICE BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE OR ACCESS THIS WEBSITE.

Conditions of Use

Martial Arts Technologies’ and its affiliates, American Karate Association, AKA Camps, Sharkey’s Karate, AKA World Headquarters, AKA Warrior Cup and Team AKA (“Affiliates”) (collectively, “MAT”) is a membership association for people who train, compete and work in martial arts. MAT operates the https://www.mataction.com (the “Site”). MAT presents the information on the Site as a service to our members and to other internet users. While the information on this site addresses a variety of issues, including martial arts training, competition, standings and related topics, the Site and MAT do not provide specific professional advice in any of these or other areas.

Children

We do not knowingly attempt to solicit or receive information from children except where necessary to provide requested memberships, services or registrations. In cases where MAT collects personally identifiable information from children under the age of 18, we require parental consent before the collection is completed. For example, the MAT membership application requires a parent's or guardian's signature before it will be accepted. The signature on the application evidences the parent's or guardian's consent to have the child's information used in accordance with this privacy policy. Upon request, a parent or guardian may obtain the information that his or her child has provided to MAT; however, we can only verify the information [address, date of birth, etc.].

No Service Warranties

Moreover, due to the ever-changing nature of these and other topics and our reliance on outside sources, MAT makes no warranty or guarantee as to the accuracy or reliability of the content at this Site or to other sites to which we may link. Any unauthorized downloading and distribution of any copyrighted materials from this Site or sites to which we may link, without the copyright owner’s permission, is strictly prohibited.

This website and the information and other material available on or accessible from this site is provided on and "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. MAT does not warrant that the website service will be uninterrupted or error free or that any information or material available on or accessible through the site is free of viruses, worms, Trojan horses or other harmful components.

Under no circumstances shall MAT be liable for any direct, indirect, special, punitive or consequential damages that result in any way from your use of or inability to use the website or your reliance on or use of information, services or merchandise provided on or accessible through the website, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

Indemnification

You agree to defend, indemnify and hold MAT harmless from any and all liabilities, costs and expenses, including reasonable attorney’s fees, related to any violation of these terms and conditions by you.

Privacy Notice

We understand that you are aware of and care about your own personal privacy interests, and we take that seriously. This Privacy Notice describes MAT’s policies and practices regarding its collection and use of your personal data, and sets forth your privacy rights. We recognize that information privacy is an ongoing responsibility, and so we will from time to time update this Privacy Notice as we undertake new personal data practices or adopt new privacy policies.

How we collect and use (process) your personal information

MAT is the sole owner of the information collected on our platform. We only have access to/collect information that you voluntarily submit to us via online registration forms, email or other direct contact from you. We will not sell or rent this information to anyone.

Some information may be provided to us via third parties in order to facilitate our services. This information is information you have voluntarily submitted to these third parties or that they have created. We will not sell or rent this information to anyone.

1. Personal information you give to us:

A. Membership

When you become a member of MAT, any of its Affiliates, or an organization which controls and conducts their membership through MAT, we collect information about you including (but not limited to) your name, your employer’s name, your work address (including your country location), and your email address. We may also collect your personal email address, a personal mailing address, and a mobile phone number. We ask members to voluntarily provide additional information in their membership profile, such as information about their educational background, number of years in martial arts, and the like. Some organizations may require some of this voluntary information for you to become a member. Members may edit their profile at any time to change, add, or remove personal information.

We process your personal information to respond to you regarding the reason you contacted us, for membership administration, to deliver member benefits to you, and to inform you of MAT-related events, content, and other benefits or opportunities associated with your MAT membership. MAT may also use this information to help MAT and its Affiliates understand members’ needs and interests to better tailor products and services to meet those needs.

B. Sharing

We will not share your information with any third party outside of MAT or its Affiliates other than as necessary to fulfill your request, e.g. to process a payment, create a profile or register for an event.

We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

At times, we may partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

We may also share your information publicly or with additional third parties if you consent to the information being shared.

If a user creates a person profile with the same first name, last name, and birthdate as a person in MAT, they may receive a notice that this is a potential duplicate.

MAT Collects Information through Use of the Site https://www.mataction.com

1. Website Usage Data

As is true of most other websites, the Site collects certain information automatically and stores it in log files. The information may include internet protocol (IP) addresses, the region or general location where your computer or device is accessing the internet, browser type, operating system and other usage information about the use of the Site, including a history of the pages you view as well as unique device identifiers and other diagnostic data. We use this information to help us design the Site to better suit our users’ needs. We may also use your IP address to help diagnose problems with our server and to administer our website, analyze trends, track visitor movements, and gather broad demographic information that assists us in identifying visitor preferences.

MAT has a legitimate interest in understanding how members, customers, potential customers and other users use its website. This assists MAT and its Affiliates with providing more relevant products and services, with communicating value to our sponsors and members, and with providing appropriate staffing to meet member and customer needs. We also collect this data as we have a legitimate interest in identifying technical issues with our site, in reaching out to affected users if possible to aid them in using the site, in providing customer support, and to help us identify security threats to the site.

A. We use Cookies

A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access and identify repeat visitors. For instance, when we use a cookie to identify you, you would not have to log in using a password more than once, thereby saving time. Cookies can also enable us to track and target the interests of our users to enhance your online experience. Usage of a cookie is in no way linked to any personally identifiable information.

We may allow third parties to place and read their own cookies, web beacons, and similar technologies to collect information through the platform. For example, our third-party service providers may use these technologies to collect information that helps us with traffic measurements, research, and analytics.

2. General Information

MAT collects information from our users at several points throughout our platform on both the users of our Site and the people these users add to the Site, including but not limited to:

  • Email address
  • Phone number
  • Street address, city, state, province, ZIP/postal code
  • Parent or guardian name and contact information
  • Emergency contact information
  • Date of birth
  • Weight and height

3. Order History Information

We collect information regarding a user’s order history on our site. This includes but is not limited to:

  • Related payment information including billing address, card type, card number, expiration date and cardholder name
  • Shipping information including name and address
  • Products / services ordered
  • Discount codes used
  • Date of payment
  • Intended users or recipients

4. Martial Arts Related Information

We collect information about individual’s martial arts history such as information regarding their ranks, training, related teaching experience, and style of martial arts. This information is collected based on our own and third parties’ legitimate interest in understanding their membership, student, or registrant base in order to develop and provide better services, or as part of a contract made between the person and the third party such as to provide an ID card containing this information to the person. Third parties also have a legitimate interest in being able to verify and collaborate on vetting judges based in part on this information.

We also collect information regarding a person’s performance at tournaments. This data is collected as we and third parties have a legitimate interest in identifying trends in competitor attendance, for identifying competitors who may want to become members of an organization, and for calculating the organizational yearly results for organizations.

5. Facial Recognition Data

With your consent, or consent from a user authorized to consent on your behalf, we hold data which enables us, or vetted third parties, to scan images or video and identify the individuals pictured. We may analyze photos of you in order to provide facial recognition services. We will only do this with your legal consent, which may be withdrawn at any time.

6. Membership Registration

To use our platform, a user must first complete the registration form. This could mean registering as a user and/or as a member. During either registration process, a user is required to give certain identifiable information such as:

  • Your contact information [e.g. name, email address, mailing address, telephone number]
  • Username and password
  • Demographic information [e.g. age, gender]
  • Communication preference
  • Correspondence and other information you send us
  • Additional information described at the point of collection

This information is used to contact you about the services in which you have expressed interest. This information is retained to facilitate your continued use of our platform, to register for events, and to allow you to manage your account.

7. Event Registration

MAT and its Affiliates host many events throughout the year. To register for an event, an entrant is required to give contact information such as name, address, phone number, and e-mail address, as well as information about his/her martial arts abilities. We process this information about entrants and send it to meet management personnel so they can properly and accurately prepare entry lists and conduct the event.

If you are a promoter, event director, official, judge, scorekeeper or otherwise working or volunteering at an affiliated event , we will collect information about you including your name, employer and contact information, and photograph, and we may also collect information provided by event attendees who evaluated your performance. We may also make and store a recording of your voice and likeness in certain instances. MAT relies on a legitimate interest basis for collecting, storing and processing this information.

We keep a record of your participation in martial arts related events as an attendee or volunteer or worker. This information may be used to provide you with membership and certification or to tell you about other events and publications. It may also be used to help MAT and its Affiliates understand members’ needs and interests to better tailor products and services to meet those needs.

8. Newsletters

You may, upon occasion, receive electronic newsletters regarding MAT’s information, member club updates, upcoming events, educational opportunities, etc. If you wish your email to be removed simply contact us via email at info@mataction.com or phone 855.969.4628.

9. Surveys

You may, upon occasion, receive satisfaction surveys regarding past events, congresses, member club inquiries, and/or other general martial arts information. If you wish your email to be removed simply contact us via email at info@mataction.com, or by phone at 855.969.4628.

10. Your correspondence with MAT and its Affiliates

If you correspond with us by email, the postal service, or other form of communication, we may retain such correspondence and the information contained in it and use it to respond to your inquiry or to keep a record of your complaint, accommodation request, and the like. As always, if you wish to have MAT “erase” your personal information or otherwise refrain from communicating with you, please contact us via email at info@mataction.com or by phone at 855.969.4628.

Note: if you ask MAT not to contact you by email at a certain email address, MAT will retain a copy of that email address on its “master do not send” list in order to comply with your no-contact request.

MAT has a legitimate interest in maintaining personal information of those who communicate voluntarily with MAT.

Purposes for processing your data

As explained above, MAT processes your data to provide you with the goods or services you have requested or purchased from us, including membership services, events, publications and other content, and training. We use this information to refine our goods and services to better tailor them to your needs and to communicate with you about other services MAT offers. Most of the time, MAT needs to process your personal data to fulfill an order for goods or services. Sometimes MAT has a legitimate interest in processing data to better understand the needs, concerns, and interests of members and customers so MAT can operate optimally as an association and as a business. And sometimes, MAT relies upon your consent, in which case we will keep a record of it and honor your choices.

Purchases and payment card information

You may choose to purchase goods or services from MAT, or another entity through MAT, using a payment card. We request information from you on our order form. To buy from us, you must provide contact information (like name and billing address) and financial information (like credit card number, expiration date, etc.) This information is used for billing purposes and to fill your order. If we have trouble processing an order, we'll use this information to contact you.

Typically, payment card information is provided directly by users, via the Site, into the PCI/DSS-compliant payment processing service to which MAT subscribes, and MAT does not, itself, process or store the card number.

Occasionally, members or customers ask MAT employees to enter payment card information into the PCI/DSS-compliant payment processing service to which MAT subscribes. We strongly encourage you not to submit this information by email. When MAT employees receive payment card information from customers or members by email, fax, phone, or mail, it is entered as instructed and then the communication with the member or customer deleted or destroyed.

We use an outside shipping company to ship orders, fulfil some product or services, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond facilitating your order.

Transferring personal data from the EU to the US

MAT’s headquarters are in the United States and information we collect from you will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the GDPR. MAT relies on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, MAT collects and transfers to the U.S. personal data only: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of MAT in a manner that does not outweigh your rights and freedoms. MAT endeavors to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship with MAT and its Affiliates and the practices described in this Privacy Notice. MAT also enters into data processing agreements and model clauses with its vendors whenever feasible and appropriate.

Data subject rights

The European Union’s General Data Protection Regulation and other countries’ privacy laws provide certain rights for data subjects. A good explanation of them (in English) is available on the website of the United Kingdom’s Information Commissioner’s Office.

This Privacy Notice is intended to provide you with information about what personal data MAT collects about you and how it is used. If you have any questions, please contact us via email at info@mataction.com or by phone at 855.969.4628.

If you wish to confirm that MAT is processing your personal data, or to have access to the personal data MAT may have about you, please contact us via email at info@mataction.com or by phone at 855.969.4628.

You may also request information about: the purpose of the processing; the categories of personal data concerned; who else outside MAT might have received the data from MAT; what the source of the information was (if you didn’t provide it directly to MAT); and how long it will be stored. You have a right to correct (rectify) the record of your personal data maintained by MAT if it is inaccurate. You may request that MAT erase that data or cease processing it, subject to certain exceptions. You may also request that MAT cease using your data for direct marketing purposes. In many countries, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how MAT processes your personal data. When technically feasible, MAT will—at your request—provide your personal data to you or transmit it directly to another controller.

Reasonable access to your personal data will be provided at no cost to MAT Users, event attendees, organizational members, and others upon request made to MAT via email at info@mataction.com or by phone at 855.969.4628. If access cannot be provided within a reasonable time frame, MAT will provide you with a date when the information will be provided. If for some reason access is denied, MAT will provide an explanation as to why access has been denied.

Security of your information

To help protect the privacy of data and personally identifiable information you transmit through use of this Site, we maintain physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis.

While we use encryption to protect all information transmitted using public networks, except when sending user emails or SMSs, we also protect your information offline. Only employees or vendors who need the information to perform a specific job (for example, billing or member service) are granted access to personally identifiable information. We restrict access to your personal data to those employees or vendors who need to know that information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information . We commit to taking appropriate disciplinary measures to enforce our employees' privacy responsibilities and monitor our vendors confidentiality requirements.

Data storage and retention

Your personal data is stored by MAT on its servers, and on the servers of the cloud-based database management services MAT engages, located in the United States. MAT retains data for the duration of the customer’s or member’s business relationship with MAT and for a period of time thereafter to allow members to recover accounts or information accidently deleted, to analyze the data for MAT’s own operations, and for historical and archiving purposes associated with MAT’s history as a membership association and to keep a history of martial art related events. The computers/servers in which we store personally identifiable information are kept in a secure environment. For more information on where and how long your personal data is stored, and for more information on your rights of erasure and portability, please contact MAT via email at info@mataction.com or by phone at 855.969.4628.

Changes and updates to the Privacy Notice and Conditions of Use

By using this Site, you agree to the terms and conditions contained in this Privacy Notice and Conditions of Use and/or any other agreement that we might have with you. If you do not agree to any of these terms and conditions, you should not use this Site. You agree that any dispute over privacy or the terms contained in this Privacy Notice and Conditions of Use, or any other agreement we have with you, will be governed by the laws of the State of Illinois. You also agree to arbitrate such disputes in Illinois, and to abide by any limitation on damages contained in any agreement we may have with you.

As our organization, membership and benefits change from time to time, this Privacy Notice and Conditions of Use is expected to change as well. We reserve the right to amend the Privacy Notice and Conditions of Use at any time, for any reason, without notice to you, other than the posting of the amended Privacy Notice and Conditions of Use at this Site. The provisions contained herein supersede all previous notices or statements regarding our privacy practices and the terms and conditions that govern the use of this Site.

Contacts from Us: Opt-In/Opt-Out Provisions

We contact platform users for various reasons. If you opt-in to receive contacts from us or our partners, you can change your mind later. If at any time, you would like to stop receiving such information or opt-out of a feature, you can let us know by sending an email stating your preference to info@mataction.com or by calling 855.969.4628. To help us address your request, please specify the feature from which you wish to opt-out. Some communications may be required as a part of your membership or required due to another action you have taken on MAT such as an order confirmation email or registration.

Questions, concerns or complaints

If you have a question, concern or complaint, please contact us immediately via email at info@mataction.com or by phone at 855.969.4628. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact Hunter B. Lyon via email at hunter@mataction.com or by phone at 855.969.4628.