PRIVACY POLICY:

This Privacy Policy sets forth haku App Corporation, Inc.’s (“haku”, “we”, “us”, or “our”) policy with respect to information, including personally identifiable information and any other information relating to an identified or identifiable natural person, of Organizers, Participants and Visitors (each also referred to as “you” or “your”) provided through the Service (collectively, the “Personal Data”).

Haku complies with the EU-U.S. Data Privacy Framework (DPF) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States in reliance on the Data Privacy Framework. Haku has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework (DPF) with respect to such information. If there is any conflict between the terms in this privacy policy and the EU-U.S. Data Privacy Framework (DPF), the EU-U.S. Data Privacy Framework (DPF) shall govern. Haku is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). To learn more about the EU-U.S. Data Privacy Framework (DPF), and to view our certification, please visit https://www.dataprivacyframework.gov/s/

By using the Service in any way, you are agreeing to this Privacy Policy which, among other things, addresses how we collect, use, process, disclose, and store your Personal Data and other information. Your access to and use of the Service is also subject to our Terms of Service which can be found at www.hakusports.com/legal. Any capitalized terms used, but not defined in this Privacy Policy will have the meaning ascribed to such terms in the Terms of Service. By providing Personal Data, and any other information, through the Service, you represent that you have the authority to provide such Personal Data and/or such other information.

We take the privacy of your Personal Data and other information seriously. We have created this Privacy Policy to explain (1) what information we gather from you when you use the Service, (2) how we may use such information, (3) how we may disclose such information, (4) your choices regarding our use and disclosure of such information, (5) the security measures we take to protect such information, and (6) how you can contact us about our privacy practices. Please read this Privacy Policy carefully, as it includes important information regarding your Personal Data and other information.

If you have any questions or concerns regarding this Privacy Policy or our practices, please do not hesitate to contact us at DPO@hakusports.com.

OUR ROLES WITH REGARD TO PERSONAL DATA:

1. Organizers (haku as data controller):

For Organizers, haku determines what Personal Data to collect from you and how that Personal Data is used and/or disclosed, as described in this Privacy Policy.

2. Participants (haku as data processor):

For Participants, the applicable Organizer determines what Personal Data to collect from you and how that Personal Data is used and/or disclosed, while haku processes that Personal Data on behalf of that Organizer. We do not processes any Personal Data of a Participant, except per the terms of haku’s agreement with the applicable Organizer or other lawful instructions from that Organizer. Each Organizer is responsible for making sure that the privacy rights of its Participants are respected. It is important that you carefully review and fully understand the privacy policy and terms and conditions of the applicable Organizer before providing Personal Data to that Organizer for processing by haku.

3. Visitors (haku as data controller):

For Visitors, haku determines what Personal Data to collect from you and how that Personal Data is used and/or disclosed, as described in this Privacy Policy.

INFORMATION WE COLLECT AND/OR PROCESS:

When you interact with us through the Service, we may collect Personal Data and other information from you, as further described below:

1. Information You Provide to Us:

Organizers:  We collect Personal Data from you when you use the Service, such as when you register for or engage haku to provide the Service as an Organizer, contact us with inquiries, respond to one of our surveys, or use a certain Service which requests Personal Data. The Personal Data we collect may include, without limitation, your name, address, e-mail address, and other Personal Data you provide to us as necessary to provide you with the Service. In addition, if you use the Service to obtain Payments directly from Participants, we will collect financial information from you (e.g., your bank account information or an address to send checks) as necessary to facilitate Payments and comply with tax requirements (e.g., processing your taxpayer identification number).

Participants: We do not decide what Personal Data is requested from you or how that Personal Data is collected. Organizers use the Service to request and collect Personal Data from you at their discretion, which Personal Data will be processed by haku in accordance with the terms of haku’s agreement with the applicable Organizer or other lawful instructions from that Organizer. All of your Personal Data is collected by Organizers as further described in the section below “Information Participants Provide to Organizers through the Service or Otherwise.”

Visitors: If you visit or use our Platform, we collect Personal Data only if and when you provide such Personal Data to us through online forms and surveys or when you contact us through the Platform. The Personal Data we collect may include, without limitation, your name, address, e-mail address, and other Personal Data you voluntarily provide to us as necessary to fulfil any request you make to haku.

2. Information Participants Provide to Organizers through the Service or Otherwise:

Through the Service:  By using the Service, Organizers can set up event registration pages to request and collect information, including Personal Data, of their choosing from Participants in connection with registration for, purchasing tickets to, and/or donating to an Organizer's event listed through the Service, as well as purchasing products offered by an Organizer through the Service and registering for Event Alerts. If a Participant provides information, including Personal Data, in this manner, we process such information through the Service and provide such information to the Organizer of the applicable event. Organizers determine what information to collect from you in accordance with each Organizer’s privacy policy and terms and conditions. If you register for a paid event, donate to any event, purchase tickets to any event, or purchase products offered by Organizers in connection with any event, the applicable Organizer will collect financial information from you (e.g., your credit card number and expiration date, billing address, etc.). The applicable Organizer determines the payment methods that it enables you to use and the financial information it collects from you in accordance with its privacy policy and terms and conditions.

Otherwise: Organizers may also collect your Personal Data by means other than through the Service, such as through request forms or e-mails Organizers send to you through their own platforms or systems. Organizers may also store historical runner information, such as race participant names and race finish times from previous years, according to each Organizer’s privacy policy and terms and conditions. Such Organizers, at their discretion, may provide us with this Personal Data to provide certain functionality of our Service to their Participants.

3. Information We Automatically Collect from Your Use of the Service:

Information on Your Use of the Service:  In order to provide functionality to and improve our Service for you, when you interact with the Service, we automatically collect certain information on your use of the Service. The information we collect includes, without limitation, internet protocol (IP) addresses, internet browser type, other characteristics of your device and software, domain names of your internet service provider, your approximate geographic location, a record of your usage of the Service, and the time of your usage.

Cookies, Pixels Tags, Local Shared Objects, Web Storage and Similar Technologies:

Our Cookie Policy

This Cookie Policy explains how we use cookies and other similar technologies to help us ensure that the Service function properly, prevent fraud and other harm, and analyze and improve the Service in accordance with our Privacy Policy. If you have any questions or concerns regarding our Cookie Policy, please do not hesitate to contact us at DPO@hakusports.com.

What are cookies, pixel tags (aka clear GIFs or web beacons), local shared objects and web storage?

• Cookies:  A cookie is a piece of information that is placed on your web browser when you access and/or use the Service that stores text and which can later be read back by the Service or third parties. They are used to recognize your browser.
• Pixel Tags (aka Clear GIFs or Web Beacons):  A pixel tag is a tiny invisible tag or graphic placed on certain parts of the Service, in e-mails or in certain other downloadable content, but not on your computer, mobile device or browser.
• Local Shared Objects (aka Flash Cookies):  A local shared object is similar to a cookie, except it is stored on your computer or mobile device, instead of your browser, and it can store more than just text. The methods for controlling local shared objects are different than the methods for controlling cookies (as discussed below).
• Web Storage (aka HTML5 Local Storage):  Web storage methods are similar to cookies but can store more information than cookies and usually store that information on a persistent basis.

How can I manage these technologies?

• Cookies:  Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue in your browser until they are affirmatively deleted). You can manage cookies through your web browser's option settings and through those settings you may be able (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies, or (iii) to delete cookies. Please refer to your web browser's help section for information on how to do this.
• Pixel Tags:  Pixel tags do not store information on your computer, mobile device or browser (although they are occasionally downloaded to your computer if contained in an e-mail or other downloadable content) so cannot be managed by you.
• Local Shared Objects:  Local shared objects are stored on your computer or mobile device. To learn how to manage privacy and storage settings for local shared objects visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.
• Web Storage:  Web Storage, or HTML5 Local Storage, is an industry-standard data storage technology that is implemented by browser manufacturers. Refer to your browser's help contents for procedures on how to manage settings for Web Storage.

What do you use these technologies for?

• Essential (strictly necessary):  We use these technologies in a way that is essential for the operation of our Service. For example, we may use cookies to determine where to route your traffic to effectively distribute the workload across numerous computers.
• Performance/Analytics:  We use these technologies to analyze how you use our Service and to monitor our Service. For example, we may place cookies that allow us (1) to measure the time of your requests to our servers and our responses, (2) to A/B test new features, (3) to record statistics about site usage, and (4) to track your activities on the Service.
• Functionality:  We use these technologies to allow us to provide certain functionality on the Service and to remember your preferences. For instance, when you click the “remember me” box on our log in page we place a persistent cookie on your browser that allows our Service to pre-populate your e-mail address when you return. Other examples include remembering your preferences (such as language and location preferences), preventing web application vulnerabilities, allowing for Facebook Connect and other third party integrations, and in connection with providing search results.

Does anybody else use these technologies on the Service?

Most of the cookies and other technologies described above on our Service are set by us or are used in connection with the Service and set by third party service providers at our direction (“Third Party Cookies”). We may use Third Party Cookies with respect to each of the uses set forth above. For example, we use technologies from Google Analytics to measure performance/analytics and technologies from Facebook to provide Facebook Connect functionality. Occasionally, Organizers may use these technologies on their event pages for their own purposes in accordance with each Organizer’s privacy policy and terms and conditions.

4. Non-Personal Data:

We collect and create de-identified and aggregated information and other non-Personal Data, which does not identify an individual personally (“Non-Personal Data”). You agree that haku owns without restriction all Non-Personal Data.

USE OF INFORMATION COLLECTED AND/OR PROCESSED:

1. Personal Data:

Organizers:  We use the Personal Data we collect from you only where necessary for the performance of our agreement with you, where necessary for compliance with a legal obligation we are subject to, where necessary to pursue our legitimate business interests, or where you have given consent where required under applicable law. We may use the Personal Data as follows:

• Specific Reason:  If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the e-mail address from which the contact came.
• Access and Use:  If you provide Personal Data in order to obtain access to or use of the Service or any other functionality, we will use your Personal Data to provide you with access to or use of the Service or any other functionality and to monitor your use of such Service or other functionality. For instance, if you supply payment information (e.g., bank account or credit card information) to the Service for the purpose of processing Payments as an Organizer, we will use that information to facilitate such purchases and/or process such Payments.
• Internal Business Purposes:  We may use your Personal Data for legitimate internal business purposes, including, without limitation, to help us improve the content and functionality of the Service, to better understand our users, to improve the Service, to protect against, identify, or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Service and our business.
• Marketing:  We may use your Personal Data to contact you in the future for our marketing and advertising purposes, including, without limitation, to inform you about services or events we believe might be of interest to you and to develop promotional or marketing materials and provide those materials to you. We use your Personal Data in this way given our legitimate interest in undertaking marketing activities to offer you products or services that may be of interest to you. Where an activity under this section may fall outside of our legitimate interests, we will obtain your consent prior to using your Personal Data in this way. Where haku contacts you by phone, text message, or voicemail using an automatic telephone dialing system, auto-dialer, or mass text message mailer, we will always obtain your express written consent prior to sending the communication. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications, changing your notification settings within the Service, or contacting DPO@hakusports.com with your opt-out request.

If we intend to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of, and asked to consent to, such anticipated use prior to or at the time at which the Personal Data is collected, or we will obtain your consent subsequent to such collection but prior to such use.

Participants:   The applicable Organizer determines what Personal Data is collected, for what purpose that Personal Data is collected and used, and in what manner that Personal Data is used. We do not use or otherwise process any Personal Data or other information collected from Participants, except per the terms of haku’s agreement with the applicable Organizer or other lawful instructions from that Organizer. Organizers may use the Service to contact Participants regarding Organizers’ current and past events according to their privacy policies and terms and conditions, so you may receive e-mails from our system that originate with such Organizers. We do not send e-mails from our system to Participants, except per the terms of haku’s agreement with the applicable Organizer or other lawful instructions from that Organizer.

Visitors:  We only use your Personal Data for the specific reason initiated by you. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the e-mail address from which the contact came. We do not store your Personal Data for any other reason and promptly delete your Personal Data once the specific reason for the use has been extinguished.

2. Non-Personal Data:

Because Non-Personal Data cannot be used to personally identify you, we may use such information for any lawful purpose.

DISCLOSURE OF INFORMATION COLLECTED AND/OR PROCESSED:

1. Personal Data:

Whether you are an Organizer, a Participant, or a Visitor, we are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. We do not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer, or share your Personal Data with certain trusted third parties without further notice to you, based on the legitimate interests set forth below:

Business Transfers:  As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, Personal Data may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of haku (or its assets) will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy. In the event the privacy policy of any successor to or acquirer of haku will instead apply to your Personal Data and other information, we will notify you before your Personal Data and other information is transferred and becomes subject to a different privacy policy.

Subsidiaries and Affiliates:  We may also share your Personal Data with our subsidiaries and/or affiliates for purposes consistent with this Privacy Policy. Our subsidiaries and affiliates will be bound to maintain that Personal Data in accordance with this Privacy Policy.

Agents, Consultants and Related Third Parties:  We, like many businesses, sometimes engage third parties to perform certain business-related functions for us. Examples of such functions include mailing information, registration fulfillment, fraud prevention, maintaining databases, and processing Payments. When we engage a third party to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.

Facebook and Other Third Party Connections:  You can sign up with haku using your Facebook account or connect your haku account to your Facebook account and other accounts on similar third party services, in which case we may disclose or transfer information relating to your haku account, including Personal Data, with such third party services solely to ensure the functionality of such connection and comply with your request to make such connection in accordance with this Privacy Policy. For example, if you connect with Facebook and wish to share a race finish time with your Facebook friends, we will provide Facebook with your race finish time. We never request and/or collect your Personal Data from any of these third party connections.

Legal Requirements:  We may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of third parties, (iii) to prevent, investigate, or identify possible wrongdoing in connection with the Service, (iv) to act in urgent circumstances to protect the personal safety of users of the Service or the public, or (v) to protect against legal liability.

2. Non-Personal Data:

Because Non-Personal Data cannot be used to personally identify you, we may share such information for any lawful purpose.

Use of Sub-processors

To support in delivering its service, haku engages Service Providers to assist with its data processing activities on behalf of Organizers as defined in our Terms of Service. Certain service providers are sub-processors who have or potentially will have access to or process personal data that haku processes for, and on behalf of Organizers. Before engaging any service provider, haku performs a due diligence, including a vendor assessment which evaluates the security, privacy and confidentiality practices of proposed sub-processors that will or may have access to or otherwise process Service Data. In the context of an onward transfer, haku has responsibility for the processing of personal information it receives under the EU-U.S. DPF Principles, and subsequently transfers to a third party acting as an agent on its behalf. Haku shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless haku proves that it is not responsible for the event giving rise to the damage.

List of Sub-processors:

YOUR RIGHTS:

Whether an Organizer, a Participant, or a Visitor, you have certain rights under applicable law with respect to your Personal Data. Organizers and Visitors may affect these rights, where applicable, as further described below. If you are a Participant, please review the privacy policy and terms and conditions of the applicable Organizer to determine your rights with regard to the Personal Data we process on behalf of that Organizer and contact that Organizer directly to affect those rights.

For all requests made by Organizers or Visitors to haku under this section, please contact us directly at the address specified below under “Contact Details of the Data Protection Officer.” We will take reasonable steps to respond to requests relating to Personal Data within thirty (30) days, however, we may reject requests that we find to be unreasonable (i.e., require disproportionate efforts or material changes to our information systems), impractical or abusive (i.e., repetitive requests, requests made in bad faith, requests that would compromise third party information). Note that you may not have access to or the ability to update or delete Non-Personal Data, much of which is held in aggregated form.

Right to Correct Inaccurate Personal Data:  It is your responsibility and obligation to ensure the Personal Data you provide to us and/or that we otherwise process is complete and accurate. Organizers may correct and/or update their Personal Data being stored by us by logging in and visiting the My Account page. Organizers may also contact us directly with respect to Personal Data that is not able to be corrected and/or updated through the My Account page. As described in “Information We Process”, the Personal Data we collect from Visitors is limited to only Personal Data that Visitors provide to us as necessary to fulfil any requests made by Visitors to haku. Visitors can contact us directly with requests to correct and/or update their Personal Data.

Right to Access Your Personal Data:  Organizers may access their Personal Data we process by logging in and visiting the My Account page. Organizers may also request access to their Personal Data we process and other information regarding such Personal Data as granted by applicable law. As described in “Information We Process”, the Personal Data we collect from Visitors is limited to only Personal Data that Visitors provide to us as necessary to fulfil any requests made by Visitors to haku. Visitors may request access to their Personal Data we process and other information regarding such Personal Data as granted by applicable law.

Right to Erase Your Personal Data:  We may retain your Personal Data for as long as you continue to use the Service in order to provide functionality of the Service to you. You may close your account by contacting us, in which case we will delete all of your Personal Data and Non-Personal Data from our Service, except as restricted by applicable law.

You may also request that certain pieces of your Personal Data, or all of your Personal Data, be deleted from our Service upon a sufficient showing that:

• your Personal Data is no longer necessary for the purposes for which they were collected or otherwise processed;
• you withdraw consent for our processing of your Personal Data where you had previously given us such consent to process your Personal Data;
• you object to our processing and we do not have any legal basis for continuing to process your Personal Data;
• your Personal Data has been processed unlawfully; or
• your Personal Data has to be deleted to comply with applicable law.

Right to Restrict the Processing of Your Personal Data:  You may request that we refrain from certain processing of your Personal Data upon a sufficient showing that:

• your Personal Data is no longer necessary for the purposes for which they were collected or otherwise processed;
• you withdraw consent for our processing of your Personal Data where you had previously given us such consent to process your Personal Data;
• you object to our processing and we do not have any legal basis for continuing to process your Personal Data;
• your Personal Data has been processed unlawfully; or
• your Personal Data has to be deleted to comply with applicable law.

Right to Restrict the Processing of Your Personal Data:  You may request that we refrain from certain processing of your Personal Data upon a sufficient showing that:

• you contest that your Personal Data is accurate (however we will begin processing such Personal Data again if and once we verify the accuracy such Personal Data);
• the processing of your Personal Data is unlawful but you do not want us to erase your Personal Data;
• we no longer need the Personal Data for the purposes of our processing, but you need the Personal Data for the establishment, exercise, or defense of legal claims; or
• you contest to our processing of your Personal Data because you believe that the legitimate interests for which we process your Personal Data are overridden by your privacy interests.

Where we restrict any processing of your Personal Data, we may still store that Personal Data but we will not further process such Personal Data, except with your consent or to comply with applicable law.

Right to Have Your Personal Data Transferred:  You may request that we transfer your Personal Data directly to another controller.

Right to Withdraw Consent and Object to Processing of Your Personal Data:  You may withdraw your consent to our processing of any Personal Data for which we have obtained your consent by notifying us of such withdrawal. Upon withdrawal of your consent, we will cease all processing of that Personal Data, including storage, except where restricted by applicable law. You may also object to our processing of your Personal Data where you disagree with the legitimate interests for which we process such Personal Data.

YOUR CHOICES:

If you are an Organizer or Visitor, you have several choices available when it comes to your Personal Data, as described below. If you are a Participant, please review the privacy policy and terms and conditions of the applicable Organizer, or contact that Organizer directly, to determine your choices with regard to the Personal Data we process on behalf of that Organizer.

Limit the Personal Data You Provide: You can use the Service without providing any Personal Data or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Service. For instance, in order to open an account, or create events for registration, your name and e-mail address will be required.

Opt-Out: You can opt-out of receiving communications from haku by following the unsubscribe instructions included in our communications, changing your notification settings within the Service, or contacting DPO@hakusports.com with your opt-out request. You may modify your choices at any time in your haku account. It may take up to 24 hours for us to process an unsubscribe request. Note that you cannot unsubscribe from update communications about the Service. You can stop receiving Service communications only by contacting us at info@hakusports.com and closing your account. By electing to stop receiving all communications from us or through our system you will no longer receive any updates on your account or on events you are registered to attend or have previously attended, including communications regarding refunds. We do not recommend that you do this unless you plan to no longer use the Service, are not currently registered for an event, are not currently organizing an event, and will have no need to receive further communications from us or through our system. Even after you opt-out of all communications, where allowed under applicable law, we will retain your Personal Data and Non-Personal Data in accordance with this Privacy Policy, however, we will no longer use it to contact you.

Do Not Track: We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Data.

STORAGE AND SECURITY:

Subject to this Privacy Policy, and unless you otherwise provide us with specific instructions , we will only store your Personal Data for as long as is necessary to fulfill our Terms of Service with you and provide you with the Service, or as otherwise required by law. We are routinely updating and implementing technical, administrative and physical security measures to help protect your information, including Personal Data, against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, information access controls, controlled access to our facilities, and 24/7 monitoring of our systems databases. However, no Internet or e-mail transmission is ever fully secure or error free. You should take special care in deciding what information you send or otherwise make available to us. Please keep this in mind when disclosing any Personal Data via the Internet.

UNSOLICITED INFORMATION:

This Privacy Policy shall not apply to any unsolicited information you provide to us or another user or visitor through the Service or through any other means. This includes, but is not limited to, information posted to any public areas of the Service, such as bulletin boards, any ideas for new products or modifications to existing products, claim or demand letters, Digital Millennium Copyright Act notices, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution. However, if any of your Personal Data is included in any Unsolicited Information we will only process that Personal Data in compliance with this Privacy Policy and applicable law.

CHILDREN UNDER THE AGE OF 18:

We do not knowingly collect Personal Data from children under the age of 18 without first obtaining parental or legal guardian consent. If you are under the age of 18, you may not submit any Personal Data through the Service unless and until consent is provided by your parent or legal guardian. We will take reasonable steps to verify such parental consent and may request additional information, including Personal Data, from such parent or legal guardian for this limited purpose. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Service without the permission of their parent or legal guardian. If you have reason to believe that a child under the age of 18 has provided Personal Data to us through the Service without the consent of their parent or legal guardian, please contact us at DPO@hakusports.com, and we will delete that information from our databases.

LINKS TO OTHER WEB SITES:

This Privacy Policy applies only to the Service. The Service may contain links to other websites not operated or controlled by us (“Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Service do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

INTERNATIONAL PRIVACY LAWS:

If you are visiting the haku website or using the Service from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. We will hold and process your Personal Data and Non-Personal Data in accordance with this Privacy Policy, the privacy laws of the United States, and as otherwise required by our Organizers. Please note that privacy laws in the United States may not be the same as, and in some cases may be less protective than, the privacy laws in your country.

CHANGES TO THIS PRIVACY POLICY:

The Service and our business may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right, in our sole discretion, to update or modify this Privacy Policy at any time (collectively, “Modifications”). In certain circumstances haku may, but need not, provide you with notice of such Modifications, such as via e-mail or with in-Service notifications. Modifications will be effective 30 days following the “Last Updated” date or such other date as communicated in any other notice to you. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Service following the effectiveness of any Modifications to this Privacy Policy constitutes acceptance of those Modifications. If any Modification to this Privacy Policy is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Service.

CAN-SPAM ACT COMPLIANCE:

We are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”). All e-mails you receive from haku or through the Service are intended to fully comply with the CAN-SPAM Act.

IDENTITY AND CONTACT DETAILS OF THE DATA CONTROLLER:

Organizers and Visitors: haku is the data controller for all Organizers and Visitors using the Service. haku can be contacted by writing to:

haku App Corporation, Inc.
Attn: Data Protection Officer
1221 Brickell Ave, Suite 1700
Miami, FL 33131
DPO@hakusports.com

Participants: The applicable Organizer is your data controller as a Participant. Please contact your Organizer directly or visit your Organizer’s privacy policy for more information on how to contact your data controller.

CONTACT DETAILS OF THE DATA PROTECTION OFFICER:

In order to oversee compliance with this Privacy Policy and ensure your Personal Data is handled properly under the latest privacy laws, we have appointed a Data Protection Officer (“DPO”). Our DPO can be reached by e-mailing DPO@hakusports.com or by writing to 1221 Brickell Ave, Suite 1700, Miami, FL 33131.

If haku is your data controller, requests for access to your Personal Data or rectification, erasure, or restriction of processing of your Personal Data should be sent to our DPO. Please also feel free to contact our DPO if you have any questions about this Privacy Policy or our information practices.

If an Organizer is your data controller, please contact that Organizer’s DPO directly in accordance with that Organizer’s privacy policy.

If you have a complaint about haku's privacy practices, please contact our DPO and we will take reasonable steps to work with you to attempt to resolve your complaint. You also have the right to make a complaint at any time to a supervisory authority.

COMPLAINTS AND INDEPENDENT RECOURSE MECHANISM

Individuals whose data are transferred to the US based on the EU-U.S. Data Privacy Framework (DPF) have several redress mechanisms at their disposal if they consider that haku does not comply with the DPF. Individuals may bring a complaint directly to haku, and the participant must respond to the individual within 45 days.

Haku has further committed to refer unresolved Data Privacy Framework complaints to the International Centre for Dispute Resolution - the international division of the largest arbitral institution in the world, the American Arbitration Association (ICDR- AAA), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit the the ICDR-AAA website to file a complaint, at:

https:/go.adr.org/dpf_irm.html

​The services of the ICDR-AAA are provided at no cost to you.

If your complaint is not resolved after following the recourse mechanisms described above, you may have the ability to invoke binding arbitration, following the procedures and subject to conditions set forth in Annex I of the DPF Principles. Additional information is available here:

https://www.dataprivacyframework.gov/s/article/How-to-Submit-a-Complaint-Relating-to-a-Participating-Organization-s-Compliance-with-the-DPF-Principles-dpf

EU representative

Haku has appointed a representative in the European Union, for the purpose of handling privacy matters, including cooperating with the competent supervisory authorities:

Rickert Rechtsanwaltsgesellschaft mbH
Haku App Corporation
Colmantstraße 1553115
Bonn, Germany
art-27-rep-haku@rickert.law

SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS:

Individuals who are residents of California and have provided their Personal Data to us may request information regarding our disclosures, if any, of their Personal Data to third parties for direct marketing purposes. Such requests must be submitted to our DPO in writing at:

haku App Corporation, Inc.
Attn: Data Protection Officer
1221 Brickell Ave, Suite 1700
Miami, FL 33131
DPO@hakusports.com

Such requests must include the reference Request for California Privacy Information in the subject line and in the body of the message and must include the e-mail address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted to us if not submitted pursuant to the terms set forth above.