Privacy Policy

 

Elite Youth Development Platform Privacy Policy

Effective and Last Updated: August 22, 2020

  1. WHAT PERSONAL INFORMATION WE COLLECT AND WHY
  2. HOW YOUR PERSONAL INFORMATION IS COLLECTED
  3. WHEN WE NEED YOUR CONSENT
  4. YOUR PARENTAL RIGHTS UNDER COPPA
  5. AUTOMATED DECISION MAKING AND PROFILING
  6. PERFORMANCE MONITORING AND WEARABLE DEVICES
  7. COLLECTION AND USE OF AGGREGATE DATA
  8. HOW WE SHARE YOUR PERSONAL INFORMATION
  9. HOW WE PROTECT YOUR PERSONAL INFORMATION
  10. HOW LONG WE RETAIN YOUR PERSONAL INFORMATION
  11. CALIFORNIA RESIDENTS: CALIFORNIA PRIVACY RIGHTS
  12. YOUR ADDITIONAL RIGHTS IN THE EUROPEAN ECONOMIC AREA
  13. LINKS TO OTHER SERVICES AND SUPPORT SITES
  14. CONTACT US

Player Development, L.C.C., and its affiliates, including Major League Soccer, L.L.C. (“us,” “we,” or “our”) are committed to protecting the privacy of the personal information of the coaches, parents, managers, and other individuals that interact with the Elite Youth Development Platform (the “Platform”).  This privacy policy (this “Policy”) explains how we collect, use, and share personal information in connection with the Platform, including the personal information of youth players (“Participants”) their parents or legal guardians (“Parents”), and other users of the Platform (“Users”).  A Parent may also be a User.

Please read this Policy, together with any other privacy notices or waivers we may provide when collecting Personal Information from you.  We may update this Policy from time to time to reflect changes in our privacy practices.  If we make significant changes to this Policy, we will make efforts to notify you through the Platform or using the contact information you provide. Checking https://www.mlssoccer.com/mlsnext-privacy-policy is the best way to stay up-to-date on how we collect and use Personal Information in connection with the Platform.

 

1. WHAT PERSONAL INFORMATION WE COLLECT AND WHY

“Personal Information” is information that identifies, relates to, describes, or can be reasonably linked to, directly or indirectly, a particular individual or household.  We may use Personal Information of Participants (“Participant Personal Information”), Personal Information of Parents (“Parent Personal Information”), and Personal Information of other users of the Platform (“User Personal Information”), as permitted by law and as described in this Policy. Personal Information does not include de-identified or aggregated information.

A.   Participant Personal Information

We use Participant Personal Information to:

  • Determine a Participant’s eligibility
  • Permit Participants to compete in leagues or other competitions run as part of the Platform
  • Train and improve the performance of Participants
  • Give Participants opportunities to participate in other national and international leagues and competitions  
  • Conduct statistical analysis of Participants, including, for example, minutes played, distance covered, and player valuation
  • Recruit and scout current and potential Participants
  • Maintain digital match rosters
  • Comply with legal obligations
  • Make other internal, lawful uses of the Personal Information that are compatible for the context in which you provide it

We collect the following categories of Participant Personal Information:

Participant Personal Information

Category

Examples of Personal Information that May Be Collected

Identifiers and contact information

Name, date of birth, mailing address, email address, telephone number, photograph or headshot, driver’s license or state identification card number, passport number, position, jersey number and unique application numbers.

Eligibility documentation

Nationality or citizenship, copies of identification card, birth certificate, passport, permanent resident card, or other government-issued identification.

Participant education provider

Name and location of schools attended by Participant.

Protected Classification(s)

Age, gender, race, and ethnicity.

Performance tracking data

Geolocation data and other information collected by mobile devices and wearable technology related to movement or location, including time, distance, speed, velocity, deceleration, stress, load, and impact.

Physiological data

Allergies, food aversions and information collected by wearable technology devices that may be considered biometric information if it identifies the Participant, including heart rate, heart rate variability, skin temperature, blood oxygen, hydration, lactate, and/or glucose level data.

Physical characteristics

Height, weight, and clothing sizes.

Inferences drawn from other Personal Information

Notes reflecting a Participant’s preferences, characteristics, or abilities or familial association between Participants who share a Parent having the same contact information.

 

B.   Parent Personal Information

We use Parent Personal Information to:

  • Verify parental consent to use of Participant Personal Information
  • Confirm Participant eligibility
  • Obtain payment of fees
  • Notify you of documentation required for your child or children
  • Contact you and inform you of news, events, offers, or other information related to your child or children’s participation in the Platform
  • Comply with legal obligations
  • Make other internal, lawful uses of the Personal Information that are compatible for the context in which you provide it

We collect the following categories of Parent Personal Information:

Parent Personal Information

Category

Examples of Personal Information that May Be Collected

Identifiers and contact information

Name, postal address, email addresses, mailing address, email address, telephone number, driver’s license or state identification card number, and unique application numbers.

Platform behavioral data

The date and time that a Parent interacts with the Platform or provides the documentation or consents, as well as how long the Platform is accessed.

Financial information

Bank account information, credit card data, and payment history

 

C.   User Personal Information

We use User Personal Information to:

  • Help us improve the content and functionality of the Platform
  • Better understand our users and their preferences
  • Contact you about the Platform
  • Obtain payment of fees
  • Provide you with information you have requested, or services you have signed up for, such as newsletters
  • Communicate offers or other content that may be of interest to you
  • Comply with legal obligations
  • Make other internal, lawful uses of the Personal Information that are compatible for the context in which you provide it

User Personal Information

Category

Examples of Personal Information that May Be Collected

Identifiers and contact information

Name, postal address, email addresses, mailing address, email address, telephone number, and unique application numbers.

Internet or other similar network activity

Browsing history, search history, and other information about your interaction with the Platform.

Financial information

Bank account information, credit card data, payment history

Device information

Hardware model, operating system version, unique device identifiers, and mobile network

 

D.   Health Information

For details on protected health information collected or used in connection with the Platform, please see the HIPAA Privacy Notice.

 

E.   Cookies and Analytics

We use various technologies to collect and store information when you use the Platform, and this may include sending one or more cookies or anonymous identifiers to your device. We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of the Platform. When you use the Platform, other companies also collect certain information on you using anonymous identifiers, cookies and the other tracking technologies mentioned above. In this regard, we use Google Analytics to better understand how our customers navigate to and through the Platform, how long customers spend visiting our content items and how often they return to visit the Platform. You may set your browser to block all cookies; however, it's important to remember that some aspects of the Platform may not function properly if your cookies are disabled.

When you use the Platform, we may automatically collect and store certain information in server logs. This may include details of how you used the Platform, such as your event attendance; internet protocol addresses (IP addresses); system activity, browser type, the date and time of your request and referring URL; and cookies that may uniquely identify your browser or your Platform account.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not want them to track your online activities. The Platform does not currently support Do Not Track requests.

 

2. HOW YOUR PERSONAL INFORMATION IS COLLECTED

We collect Personal Information about Participants, Parents, and Users through the Platform and through optional wearable performance monitoring devices. For more information on how we collect and use Personal Information collected through wearable performance monitoring devices, please see Section 6 (Performance Monitoring and Wearable Devices).

 

3. WHEN WE NEED YOUR CONSENT

We do not collect Personal Information from children under the age of 18 unless the Parent of the child has given explicit consent. In limited circumstances, we may approach you for your affirmative consent to allow us to process certain special categories of Personal Information. If we do so, we will provide you with details of the information that we need and the consequences of not providing such information, so that you can carefully consider whether to provide your consent. Please note that Participant (or Parent) provides explicit consent for collection and use of performance and tracking data, and physiological data, each time Participant wears technology that generates that data or otherwise gives Club or us access to that data. For more details on the use of wearable technology for performance monitoring, please read please see Section 6 (Performance Monitoring and Wearable Devices).

Subject to certain limitations under law, you have the right to withdraw your consent to use of Participant Personal Information or Parent Personal Information at any time by contacting us using the contact details in Section 14 (Contact Us).

 

4. YOUR PARENTAL RIGHTS UNDER COPPA

We will not require a Participant to disclose more information than is reasonably necessary to participate in the Platform. Under the Children’s Online Privacy Protection Act (“COPPA”), Parents have the right to:

  • Review their child’s personal information, direct us to delete it, and refuse to allow any further collection or use of their child’s information, and
  • Agree to the collection and use of their child’s information without allowing sharing with third parties, unless the disclosure is part of the service offered.

You may exercise your rights under COPPA by logging in to your Platform profile and reviewing or deleting all provided Personal Information. However, please note that we may retain certain Personal Information as permitted by law.

If you have questions or require assistance in exercising your rights under COPPA, please contact us at

855-657-2245, via email at privacy@MLSsoccer.com, or by mailing us at:

Major League Soccer
420 Fifth Avenue, 7th Floor
New York, NY 10018-0223
Attention: Privacy Administrator/Legal Department

 

5. AUTOMATED DECISION MAKING AND PROFILING

We do not foresee making any substantive decisions about Participants, Parents or Users using automated means or profiling; however, we will notify you in writing if this position changes.

 

6. PERFORMANCE MONITORING AND WEARABLE DEVICES

The use of GPS-based performance monitoring within elite soccer both in the U.S. and Europe is common and is widely considered to be a safe and effective method of gaining valuable, objective data on player performance that can be used not only to improve individual player development but also to identify players at risk of injury and potentially help reduce the risk of future injury. Participants participating in a club or academy through the Platform may be given the option to wear performance monitoring devices. These monitoring devices quantify physical performance, including physical load and movement, during training and matches for Participants and measure physical metrics such as distance, speed, acceleration, deceleration, high-speed running, load and heart rate.

 

7. COLLECTION AND USE OF AGGREGATE DATA

We also collect and use anonymized data such as statistical or demographic data (“Aggregated Data”). Aggregated Data may be derived from or include data collected from performance monitoring devices but is not considered Personal Information under applicable law because this data does not directly or indirectly reveal Participant identity. For example, we may aggregate birth years and months along with data collected from wearable devices in order to perform sports-science research designed to improve our understanding of how to support player development. We may also share anonymized Aggregated Data with the manufacturer of the monitoring devices in an effort to improve the devices, conduct research and development, establish benchmarking metrics, and similar efforts designed to improve overall player development. 

We may also collect additional data that is not specific to any individual Participant such as:

  • Club-related data, including the assigned team ID, the date the data is collected, the name of any applicable drill, and the time of the drill.
  • Match-related data, including formations, match outcomes, competition types, temperature, surface, environmental information, session type or location.

If we combine or connect Aggregated Data with Personal Information so that it can directly or indirectly identify a Participant, Parent or User, we treat the combined data as Personal Information which will be used only in accordance with this Policy.

 

8. HOW WE SHARE YOUR PERSONAL INFORMATION

We do not sell your Participant Personal Information, Parent Personal Information, or User Personal Information to third parties, whether for monetary or other valuable consideration. However, as part of the Platform and our other business activities, we may share your Personal Information with others in the following circumstances:

Type of Third Party

Examples of Third Party Type

Purpose of Sharing

Service provider

  • GotSoccer, LLC
  • xPac Technology, through the Participant Passport product offering
  • Imperium, LLC

We may permit access or provide Personal Information to third parties that are providing services on our behalf, such as hosting, payment processing, and consent verification.

Soccer club or academy

  • Your soccer club
  • Youth soccer academies affiliated with professional clubs

When you provide Personal Information through the Platform that information is shared with the club or academy that you indicate you or a Participant is affiliated. The club or academy may use that Personal Information to manage your or the Participant’s interactions with the club or academy as part of the Platform, including team registration, tournament submission, and communications.

Soccer organization, including federations

  • United States Soccer Federation
  • United States Youth Soccer
  • Canadian Soccer Association
  • Fédération Internationale de Football Association (“FIFA”)

We may share certain categories of Participant Personal Information (including date of birth, name, nationality, and proof of identity such as passport or other photo ID) for purposes of verifying eligibility and to give Participants an opportunity to participant in events hosted by these organizations.

Corporate acquirer or partner

Entities who may wish to purchase, merge, or partner with us

We may disclose your Personal Information to a third party in connection with a corporate reorganization, merger, joint venture, sale, transfer, or other disposition of all or any portion of our investments, business or equity. 

 

We will use reasonable efforts to ensure that any successor entity treats your Personal Information in accordance with this Policy after the transaction is completed.

Public, governmental, and regulatory authority

  • United States Government
  • Courts
  • Sport tribunals

We may use or disclose your Personal Information as appropriate under applicable laws; to respond to requests from public, governmental, and regulatory authorities; to comply with court orders, litigation procedures, and other legal processes; to obtain legal remedies or limit our damages; to protect the operations of our group entities; and to protect the rights, safety, or property of you or others.

 

9. HOW WE PROTECT YOUR PERSONAL INFORMATION

We have implemented security policies to protect the Personal Information that we collect, consistent with applicable privacy and security laws. These security measures are designed to prevent unauthorized access, improper use or disclosure, unauthorized modification, and unlawful destruction or accidental loss of Personal Information.

We use reasonable security efforts to limit access to Personal Information to ensure that only us and authorized third parties who need to know your Personal Information to fulfill the purposes of processing that Personal Information (as described in this Policy) have access to it.

We also require third parties that process your Personal Information on our behalf to take appropriate security measures to protect your Personal Information.

We have put in place procedures to deal with any suspected security breach that involves your Personal Information and will notify you and the applicable regulator of a suspected breach where legally required to do so.

 

10. HOW LONG WE RETAIN YOUR PERSONAL INFORMATION

We will only retain Participant, Parent, and User Personal Information for as long as necessary to fulfill the purposes for which we have collected such information, including for the purposes of satisfying any legal, accounting or reporting requirements.  To determine the appropriate retention periods for all Personal Information, we consider the amount, nature and sensitivity of the Personal Information, legal requirements, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process the Personal Information and whether we can achieve those purposes through other means.

In some circumstances, we may anonymize your Personal Information so that it can no longer be associated with you, in which case we may use the information without further notice to you. 

 

11. CALIFORNIA RESIDENTS: CALIFORNIA PRIVACY RIGHTS

Participants, Parents, and Users who are residents of California also have certain rights under the California Consumer Privacy Act (“CCPA”) regarding Personal Information:

A.   Right to Know

You have the right to know and see what data we have collected about you over the past twelve months, including:

  • The categories of Personal Information we have collected about you,
  • The categories of sources from which the Personal Information is collected,
  • The business or commercial purpose for collecting your Personal Information,
  • The categories of third parties with whom we have shared your Personal Information, and
  • The specific pieces of Personal Information we have collected about you.

B.   Right to Delete

You have the right to request that we delete the Personal Information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

  • Complete your transaction,
  • Provide you a good or service,
  • Perform a contract between us and you,
  • Protect your security and prosecute those responsible for breaching it,
  • Fix our system in the case of a bug,
  • Protect the free speech rights of you or other users,
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.),
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws,
  • Comply with a legal obligation, or
  • Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

C.   Exercising Your Rights

You may exercise your right to know or your right to delete at any time by logging in to your Platform profile and reviewing or deleting all provided Personal Information. However, please note that we may retain certain Personal Information as permitted by law.

If you have questions or require assistance in exercising your rights under the CCPA, please contact us at 855-657-2245, or by mailing us at:

Major League Soccer
420 Fifth Avenue, 7th Floor
New York, NY 10018-0223
Attention: Privacy Administrator/Legal Department

Only you, or someone legally authorized to act on your behalf, may make a request related to your Personal Information. We will not discriminate against you for exercising any of your CCPA rights described above.

 

12. YOUR ADDITIONAL RIGHTS IN THE EUROPEAN ECONOMIC AREA

Participants, Parents, and Users whose personal data has been collected in connection with our activities in the European Economic Area ("EEA") have the following additional rights:

  • Withdrawal of Consent: If consent is the lawful basis of our processing, you have the right to withdraw any consent that you have provided to us to process your personal data.
  • Access: You have the right to access your personal data.
  • Rectification: You have the right to rectify inaccurate personal data.
  • Erasure: You have the right to have your personal data erased if it is no longer necessary for the purposes for which it was processed, you have withdrawn your consent to, or object to, its processing and there is no other legitimate grounds for processing it or you consider that it has been unlawfully processed.
  • Restriction: You have the right to have the processing of your personal data restricted if you contest its accuracy, its processing is unlawful, we no longer need it but you need it for a legal claim, or you have objected to its processing and await verification of our legitimate grounds for processing it.
  • Data Portability: You have the right to have certain personal data you provide to us transferred to another company in a machine-readable format.
  • Objection: You have the right to let us know that you object to the further use or disclosure of your personal data for certain purposes.

You may exercise your right to access and erasure at any time by logging in to your Platform profile and reviewing or deleting all provided personal data. Please note that the right to erasure is not absolute and it may not always be possible to erase personal data on request, including for example where the personal information must be retained to comply with a legal obligation.

If you have questions or require assistance in exercising rights under the available in the EEA, please contact us at 855-657-2245, or by mailing us at:

Major League Soccer
420 Fifth Avenue, 7th Floor
New York, NY 10018-0223
Attention: Privacy Administrator/Legal Department

Only you, or someone legally authorized to act on your behalf, may make a request related to your personal data. You also have the right (where applicable) to withdraw any consent given in relation to the processing of your personal information.

Player Development, L.C.C. is the controller of Personal Information under this Policy.  If you are in the EEA, you may lodge a complaint with a supervisory authority that has authority in your country or region. Contact information for such authorities can be found here.

 

13. LINKS TO OTHER SERVICES AND SUPPORT SITES

The Platform may contain links to other websites and online services. When you go to these other sites, the information you provide will be used as described in the privacy policy and terms of use on those other sites. We are not responsible for the privacy practices of any third party sites. We encourage you to be aware of this when you click on a link and leave the Platform, and to read the privacy policies of every site that collects Personal Information from you.

The Platform is hosted by and support services are offered by GotSoccer, LLC (“GotSoccer”). When you provide information in connection with support (for example, in a request for training or help), that information will be used by GotSoccer in accordance with their privacy policy.  We encourage you to read that privacy policy before providing them with your information. 

This Policy applies only to Personal Information collected, used or disclosed in connection with the Platform. For details on our collection, use and disclosure of Personal Information in connection with your other interactions with us (for example, in connection with visiting mlssoccer.com), please visit mlssoccer.com/privacy-policy.

 

14. CONTACT US

If you would like additional information related to this Policy, or you would like to exercise any rights that you may have in relation to your Personal Information, please:

  • Call us at 855-657-2245; or
  • Write to us at 420 Fifth Avenue, New York, NY 10018, Attn: Legal

 

AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION

I hereby authorize the use and/or disclosure of all of my Health Information as provided for below:

1. This authorization applies to all Health Information about me. As used in this authorization, "Health Information" means all health or medical information about me, including, but not limited to, all past present or future information relating to my physical or mental health or condition or provision of health care to me, injury, sickness, disease, condition, medical history, medical or clinical status, results of all physicals, trainer's records, diagnoses, treatments, history and prognosis of any and all medical conditions, clinical notes, test results, laboratory reports, x-rays, diagnosis imaging results, and data relating to any testing or medical study.

2. Subject to the restrictions set forth in this authorization, I authorize, for the purposes set forth in Paragraph 3, all physicians, hospitals, laboratories, pharmacies, clinics, and other health care providers (including, but not limited to, all athletic trainers/therapists) (collectively “Health Providers”), that have or may have any Health Information about me, to use that Health Information about me, and/or disclose that Health Information about me to: (a) the Health Providers, coaches, soccer operations staff, player operations staff, legal staff, human resources staff, owners, executives, general managers, assistant general managers, and other officials (collectively “Soccer Personnel”) of Development, L.L.C., Major League Soccer, L.L.C., MLS Canada LP, Player and the Player Development, L.LC. member club or clubs (and such Player Development member club operators) for which I have agreed (or may agree) to play (collectively, “Player Development”) while this authorization is in effect, (and, in the event of any contemplated transfer to another Player Development member club or clubs, the Soccer Personnel of such other Player Development member club or clubs (and such Player Development member club operators); and (b) at the direction of Player Development, any individual or entity from which Player Development or a Player Development member club may receive services in furtherance of uses and disclosure of my Health Information permitted by this authorization, such as electronic medical records vendors and worker's compensation insurance carriers, provided  that  such individual  or entity shall  be required  to maintain the confidentiality Health Information.

3. This authorization is limited to the use and disclosure of my Health Information relating and relevant solely to my participation as a Player Development player (“Player”). If I am under 18, I also authorize disclosure of this Health Information to the parent or guardian that has also signed this authorization. I do not authorize the use and disclosure of Health Information that is not related and relevant to my participation as a Player. Health Information relating solely to the reasons why I have not been, am not, or may not be an active participant in matches or events as a result of an injury or other incapacity as a Player may be released to the public by Player Development or a Player Development member club.

4. I understand that any of my Health Information that is disclosed in accordance with this authorization might be redisclosed by the recipient of that information and may no longer be protected by federal (and/or provincial/states applicable) health care privacy laws and rules.

5. Except as expressly stated in this Authorization, nothing in this Authorization shall be considered as a waiver of any rights to privacy or nondisclosure of information that I may have under any state law, provincial law or any other U.S. or Canadian federal law.

6. I understand that my treatment, payment for treatment, or enrollment in a health plan or eligibility for health plan benefits (if applicable) or health care will not be conditioned upon whether or not I sign this authorization, except in the case of fitness-to-play exams and other tests and health care that are solely for the purpose of creating Health Information about me for disclosure to a Player Development member club or Player Development .

7. This authorization is effective until the date on which my participation as a Player is terminated.

8. I understand that I have the right to revoke this authorization at any time, but that my revocation will not be effective to the extent that anyone has already used or disclosed my Health Information in reliance upon this authorization. My revocation must be in writing and be sent to Major League Soccer at 420 Fifth Avenue7th Floor, New YorkNY 10018 (attention: General Counsel) and legalnotices@MLSSoccer.com. I further understand that my right to revoke this authorization shall not serve to excuse any failure by me to comply with the provisions of any agreement that may govern the terms and conditions of my participation as a Player.

9. I acknowledge that I have received a copy of this authorization, and that a copy of this authorization shall be considered as effective and valid as the original.