The Whistle: Privacy Policy

In our efforts to provide a rewarding online experience for our users, we provide you with this Privacy Policy, effective (October 5, 2012), that describes the information practices of the Site, including how we collect, use, and disclose personal information. If we make material changes to this policy, we will notify you by email and by means of a notice on our home page. In cases were a material change takes place we will obtain the appropriate level consent.

As used in this Policy, "The Whistle" refers to Kids Sports Entertainment, Inc., a Delaware corporation, owner and operator of the Site, and any of its subsidiaries and affiliates. In addition, for purposes of this Policy, any reference to "parent" shall include legal guardian, and "Site" shall refer to thewhistle.com. The term "personal information" means information that specifically identifies an individual (such as a first and last name, address, telephone number, mobile number, e-mail address, or other account number), and demographic and other information about an individual when directly linked to personally identifiable information. A user name itself may be personal information if it includes personally identifying information such as a first and last name or if it can be linked across multiple sites and services.

The Whistle.com team aims to provide a safe, fun, and informative environment for sports driven kids and their families. The Internet can be a scary place, especially for kids, but we work hard to ensure that our privacy Policy and information practices adhere to the Federal Trade Commissions Children's Online Privacy Protection Act ("COPPA"). With this in mind, we are dedicated to safeguarding personal information collected on this Site, and protecting children from any threats while they are enjoying thewhistle.com and it all it has to offer.

The PRIVO® Privacy Assurance Program ("PPAP")

THE WHISTLE is a participant in PRIVO®'s Privacy Assurance Program ("PPAP"). As part of participating in the PPAP, THE WHISTLE adheres to the strict information collection, use and disclosure requirements. PRIVO is an independent, third party organization committed to safeguarding children's personal information collected online, and to helping parents and their children exercise control over personal information while exploring the Internet. The certification seal posted on this page indicates that THE WHISTLE has established privacy practices and has agreed to submit to PRIVO's oversight and customer dispute resolution process. If you have questions or concerns about our privacy practices, please contact us at 646-664-4471 or contactus@thewhistle.com. If you have further concerns after you have contacted THE WHISTLE you can contact PRIVO directly at privacy@PRIVO.com.

INFORMATION WE COLLECT

Thewhistle.com offers many features and activities that may be accessed without logging in or requiring the user to provide any personal information. However, other aspects of our Site, including interactive contests, questionnaires, uploading videos/photos, do require the collection of personal information. In order for a user to access these features, a Member account must be created. Members must initiate the registration process by providing their first name, date of birth and gender, along with creating a user ID/display name, password, password reminder hint and answer.  Children self-identified as under the age of 13 must also provide a parent's email address. Members 13 and over will be asked to provide an email address, city, state and zip code along with being required to activate their account by following a link in the activation email sent to the new Member.  We will use the parent email provided by the child to contact the parent and request consent to their child's use of our Site. If parent consent is not received in 30 days, the parent email will be permanently deleted from our records.  This will leave a very limited account, including no personally identifiable information, for which some guest services may be provided.  There will be no marketing communication or ability for children to provide user generated content when using this limited account.

The Children's Online Privacy Protection Act (COPPA) governs information gathering online from or about children under the age of 13. Verifiable consent from a child's parent or guardian is required before collecting, using, or disclosing personal information from a child under the age of 13.

The Whistle Site and family of online services span a mixed audience including children and adults; the intended audience is 9-16.   Registration is open to all ages. Because our audience will target and attract a significant number of children under the age of 13, we need to provide parents with a means to provide us with reliable and verifiable parental consent.   Accordingly Kids Sports Entertainment, Inc. has hired PRIVO, specialist in youth registration and parental consent management, to handle the collection, secure storage and availability of all registration data needed to enter and facilitate activity for our youth audience; and, to process the necessary level of verifiable parental consent needed to not only to comply with COPPA, but to ensure that parents have agreed to the intended use of our Site and services, including all Submissions. Please read the Terms of Service and Rules of Conduct for information about Submissions. The Whistle and PRIVO do not collect more information than is reasonably necessary to fulfill the initiatives being joined and to establish and maintain a reliable level of verifiable parental consent.

When a user under the age of 13 indicates that they want to register, they and their parent are directed through a co-branded registration process served by PRIVO. PRIVO collects the child's first name, date of birth, gender, screen name, password and password hint reminder and answer directly from the child. The child can then print a form for the parent to process consent or an email can be sent to the parent requesting their consent. The parent is provided all of the information needed to make informed consent allowing their child to register for the Site in addition to choosing to allow the child to maintain an account which will allow for future communication and outreach to the child and parent. A parent is required to create a parent account that includes first and last name, home address, date of birth, email, password, and password hint and answer. A parent can provide additional data about the child including email, cell phone and address in order to facilitate certain communication efforts. A parent maintains complete control of the data collected and its intended and continued use. The parent and child account can be leveraged by the account holders to initiate registration and consent on other PRIVO enabled sites. This provides value to the parent in that they do not have to create a separate verifiable parent account for every site their child may join.

Personal information from children under 13 years of age may be needed to respond to his/her communication to us, such as to receive a poster or to acquire information for project. There are several exceptions that permit collection of a child's email address without receiving parental consent in advance:

-To provide the parents with notice and to seek consent for communications with the child. Note: this may require collection of the parent's email address as well.

-To respond to a one time request from a child; i.e., to inform the child that registration is now open, or to facilitate sending a friend request in which case the child can supply his friends email address for us to facilitate the delivery of the child's request

-To respond more than once to a child's request; i.e., subscription to a newsletter. However, parental consent via notice and opt out is required prior to the second communication.

-To protect the safety of a child who is participating on the Site; i.e., in a community area of the site.

-To protect our Site or to respond to law enforcement; i.e., in the case of a website compromise.

In exception cases as described above, were personal information about your child may be collected; it will be destroyed immediately upon completion of its intended purpose. On rare occasions, it may be determined that a communication from a child under 13 years old, outside of the membership process, should be maintained for historical purposes. Should such an occasion occur, The Whistle will obtain the necessary consent from the child's parent.

System Emails and posts - On a regular basis, we will email and/or post to all Members information regarding safety, manners and fun facts etc. When a non ember engages our Site using the "Contest" features, uploading photographs, videos, or contest entries, we may ask themto provide information that is not personally identifiable such as first name, age and state, or a favorite sport. We do not request addresses, phone numbers, or school names of our Site visitors. Although, we will take all commercially reasonable measures to delete any personal information that a user may communicate, and we encourage that Parents discuss with their children safe Internet practices. Kids should never provide written statements or descriptions with info that could be used to identify them (last names, phone number, email or home addresses) on thewhistle.com.In the event we do request an address in connection with an activitiy or contest winner, we will contact you, the Parent, in order to obtain this information. Any information collected will be used for internal purposes only in connection with the contest.

GENERAL COLLECTION OF NON-PERSONAL INFORMATION.

We collect information through technology to make our Sites more interesting and useful to you and for various purposes related to our business. For instance, when you come to one of our sites, we collect your IP address. An IP address is associated with the access point through which you enter the internet, and is typically controlled by your Internet Service Provider (ISP). Standing alone, an IP address is not personally identifiable information. We will use the IP address to assist in populating registration forms. We may use IP addresses to collect information regarding the frequency with which our members visit various parts of our sites, and we may combine IP addresses with personally identifiable information.  We will not share with 3rd parties the IP address of users to our Site

Our Site collects information through a variety of technical methods, including but not necessarily limited to cookies. Cookies are pieces of information that a website sends to your computer while you are viewing the website. Web beacons are small pieces of data that are embedded in images on the pages of website. Cookies, web beacons and other technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf..

Some business partners (such as tracking utility companies) may place cookies on our Site. We do not have any access or control of these third party cookies. We may use the information collected through these technical methods for many purposes, including delivering content, tracking and enhancing our users' experience on our websites. We also may use technical methods to analyze the traffic patterns on our websites, such as the frequency with which our users visit various parts of our websites, and third party websites, such as the frequency with which our users visit other websites. In HTML e-mails that we send our users, we may use technical methods for a number of purposes, including: to determine whether our users have opened or forwarded those e-mails and/or clicked on links in those e-mails, to customize the display of banner advertisements and other messages after a user has closed the e-mail, and to determine whether a guest has made an inquiry or purchase in response to a particular e-mail. These technical methods may enable us to collect and use information in a form that is personally identifiable information.

Our Site may contain links to other sites whose information practices may be different from ours. Visitors and Members should consult the other sites' privacy notices, as the sites are not covered by our privacy policy.

HOW WE USE, STORE, AND DISCLOSE THE INFORMATION WE COLLECT

Along with the purposes described in the previous section, we use personal information collected from kids to provide customer service, inform the development and enhancement of our services, respond to questions, problems or complaints, request feedback, send users and parents information regarding the Site, notify them of amendments made to this Privacy Policy, offer products, programs, or services, and for other specified purposes for which the information was provided.

We reserve the right to collect and/or disclose a child's information as required by law in order to protect the security or integrity of the Site, protect the safety of the child in question, take precautions against liability, respond to judicial process, provide information to law enforcement agencies or for an investigation on a matter related to public safety or to the extent permitted under the other provisions of law.

COLLECTION OF INFORMATION FOR THIRD-PARTIES SITES, SPONSORS AND OPERATORS

In order to keep our Site at no-cost to our users, we allow third parties to show advertising on our Sites. Some aspects of our Site may have an advertisement appear before being able to engage in the activity. We do not disclose our users' personal information to third-party sites, sponsors and operators, nor do we provide them with email addresses or any other means of directly soliciting our Members.

We may share personal information with third party vendors, consultants, and other service providers who assist us in operating and managing the Site, the Service or our business and who need access to such information to carry out their work for us. We may also share personal information with service providers who are performing internal analysis of the Site on our behalf, such as to estimate our audience size, measure aggregate traffic patterns as well as to understand demographic, customer interest, and other trends among our users. In some cases, the Service Provider may be directly collecting the information from you on our behalf. In the event that we use third party vendors to assist us in performing these functions, the third parties may not use or disclose your personal information for any other purpose without your explicit consent.

SECURITY

In order to protect your personal information, we take all reasonable efforts to prevent any unwarranted use or unauthorized access to your information. Your personal information is maintained in our and the PrivoLock database and stored on systems accessible only by authorized employees of The Whistle and our third-party vendors and partners. We will take all efforts to guard your personal information, though we cannot guarantee that your information will not be accessed by accidental circumstances or the unauthorized acts of others.

Your account information and access to our service is accessible only through the use of your user ID and password. In order to protect your personal information, please keep this information confidential. For users under 13, we recommend having a discussion with your child about the importance of not disclosing this information publically or to friends. Note that you are responsible for all uses of our Site by any person logging in using your user ID an password. Please get in touch with us immediately if you believe that your account has been accessed without authorization.

At any time you, the parent, has the right to access or request the deletion of all personally identifiable information we have collected from your child. You may also prohibit us from collecting additional personal information from your child in the future. Please send all such requests to privacy@thewhistle.com, including your child's username and your own email address. We will take all reasonable efforts in order to verify your identity before granting you access to information submitted by your child.

CONTACT

Any additional questions, comments, or concerns with this Privacy Policy, should be directed to (contactus@thewhistle.com). We can also be contacted by phone 646-664-4471 or written to at 175 Varick Street, New York, New York 10014 attn: Privacy Coordinator. We would be happy to hear from you.

INTERACTION WITH CHILDREN

The Children's Online Privacy Protection Act (COPPA) governs information gathering online from or about children under the age of 13. Verifiable consent from a child's parent or guardian is required before collecting, using, or disclosing personal information from a child under the age of 13.

The Whistle Site and family of online services span a mixed audience including children and adults; the intended audience is 9-16.   Registration is open to all ages. Because our audience will target and attract a significant number of children under the age of 13, we need to provide parents with a means to provide us with reliable and verifiable parental consent.   Accordingly Kids Sports Entertainment, Inc. has hired PRIVO, specialist in youth registration and parental consent management, to handle the collection, secure storage and availability of all registration data needed to enter and facilitate activity for our youth audience; and, to process the necessary level of verifiable parental consent needed to not only to comply with COPPA, but to ensure that parents have agreed to the intended use of our Site and services, including all Submissions. Please read the Terms of Service and Rules of Conduct for information about Submissions. The Whistle and PRIVO do not collect more information than is reasonably necessary to fulfill the initiatives being joined and to establish and maintain a reliable level of verifiable parental consent.

When a child indicates that they want to register, they and their parent are directed through a co-branded registration process served by PRIVO. PRIVO collects the child's first name, date of birth, gender, screen name, password and password hint reminder and answer. The child can then print a form for the parent to process consent or they can send an email to the parent requesting their consent. The parent is provided all of the information needed to make informed consent allowing their child to register for the Site in addition to choosing to allow the child to maintain an account which will allow for future communication and outreach to the child and parent. A parent is required to create a parent account that includes first and last name, home address, date of birth, email, password, and password hint and answer. A parent can provide additional data about the child including email, cell phone and address in order to facilitate certain communication efforts. A parent maintains complete control of the data collected and its intended and continued use. The parent and child account can be leveraged by the account holders to initiate registration and consent on other PRIVO enabled sites. This provides value to the parent in that they do not have to create a separate verifiable parent account for every site their child may join.

Personal information about children under 13 years of age may be needed to respond to his/her communication to us, such as to receive a poster or to acquire information for project. There are several exceptions that permit collection of a child's email address without receiving parental consent in advance:

-To provide the parents with notice and to seek consent for communications with the child. Note: this may require collection of the parent's email address as well.

-To respond to a one time request from a child; i.e., to inform the child that registration is now open, or to facilitate sending a friend request in which case the child can supply his friends email address for us to facilitate the delivery of the child's request

-To respond more than once to a child's request; i.e., subscription to a newsletter. However, parental consent via notice and opt out is required prior to the second communication.

-To protect the safety of a child who is participating on the Site; i.e., in a community area of the site.

-To protect our Site or to respond to law enforcement; i.e., in the case of a website compromise.

In exception cases as described above, where personal information about your child may be collected; it will be destroyed immediately upon completion of its intended purpose. On rare occasions, it may be determined that a communication from a child under 13 years old, outside of the membership process, should be maintained for historical purposes. Should such an occasion occur, The Whistle will obtain the necessary consent from the child's parent.