Privacy Policy

NextKick as Controller.

For Personal Data relating to visitors to our website, prospective customers, and the account holders and staff of Schools (such as school owners, masters, and instructors), NextKick determines the purposes and means of processing and acts as the Data Controller.

NextKick as Processor.

For Student Data, the School is the Data Controller and NextKick acts as a Data Processor (or "service provider") on the School's behalf. Schools decide what Student Data to collect and how it is used within the Service. We process Student Data solely to provide the Service to the School in accordance with our agreement with the School, and not for our own independent purposes. If you are a student, parent, or guardian and have questions about how your information is handled, please contact your School directly; we will support Schools in responding to such requests.

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Date of birth
• Cookies and Usage Data

Payment card and bank account details are collected and processed directly by our third-party payment processors and are not stored by NextKick. See Section 8 (Payments) below.

We may use the Personal Data of School owners and staff to contact them with newsletters, marketing or promotional materials, and other information that may be of interest. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. We do not use Student Data for marketing.

Student Data

Schools use the Service to manage their operations, which may involve entering Student Data such as student names, dates of birth, contact information, parent or guardian information, enrollment and membership details, attendance and check-in records (including location-based check-ins where a School enables that feature), belt rank and program progression, photos, and payment status. We process Student Data only on behalf of and at the direction of the School, as described in Section 2 and Section 11 (Children's Privacy).

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data. When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers, and other diagnostic data.

Location Data

We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Service (such as location-based class check-in, where enabled by a School) and to improve and customize our Service. You can enable or disable location services when you use our Service at any time through your device settings.

Retention of Data

NextKick will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. NextKick will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or when we are legally obligated to retain this data for longer time periods. Student Data is retained in accordance with our agreement with the applicable School and applicable law, and is deleted or de-identified upon verified request as described in Section 11.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. NextKick will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy, and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other personal information.

Business Transaction

If NextKick is involved in a merger, acquisition, or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement and Legal Requirements

Under certain circumstances, NextKick may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency). NextKick may also disclose your Personal Data in the good faith belief that such action is necessary to: comply with a legal obligation; protect and defend the rights or property of NextKick; prevent or investigate possible wrongdoing in connection with the Service; protect the personal safety of users of the Service or the public; or protect against legal liability.

Service Providers

We may employ third-party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services, or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit https://policies.google.com/privacy. You can opt out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout.

Behavioral Remarketing

NextKick may use remarketing services to advertise the Service on third-party websites after you have visited our website. We and our third-party vendors use cookies to inform, optimize, and serve ads based on your past visits to our website. Remarketing applies only to our public marketing website and to School owners and staff; we do not use Student Data for remarketing or advertising. The remarketing providers we use are:

• Google Ads. You can opt out of Google Ads personalization by visiting the Google Ads Settings page at https://www.google.com/settings/ads. For more information on the privacy practices of Google, please visit https://policies.google.com/privacy.
• Meta (Facebook and Instagram). You can learn about interest-based advertising from Meta and manage your preferences at https://www.facebook.com/help/568137493302217. You can also opt out through the Digital Advertising Alliance at https://www.aboutads.info/choices/. For more information, please visit Meta's Privacy Policy at https://www.facebook.com/privacy/policy/.

Cookies and Tracking Technologies

We use cookies and similar tracking technologies to track activity on our Service and hold certain information. Cookies are files with small amounts of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. The types of cookies we use are:

• Necessary Cookies: Essential for the functioning of our website and app, such as providing secure log-in or remembering how far you are through an order.
• Performance Cookies: Used to analyze how users interact with our site, such as which pages visitors go to most often and whether they receive error messages, which helps us improve the user experience.
• Functional Cookies: Allow our website to remember choices you make (such as your language or region) and provide enhanced, more personal features.
• Targeting/Advertising Cookies: Used to deliver advertisements that are more relevant to you and your interests. They remember that you have visited a website, and this information may be shared with other organizations such as advertisers.

When you first visit our website, you will see a banner providing you with information about the use of cookies and giving you the option to consent to the use of different types of cookies. You can also manage your cookie preferences or disable cookies entirely through your browser settings, but this may affect the functionality of our site. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent; however, if you do not accept cookies, you may not be able to use some portions of our Service. For more detailed information about cookies and how to manage them, please visit Your Online Choices, All About Cookies, or consult your browser's help pages.

"Do Not Track" Signals

We do not currently respond to Do Not Track ("DNT") browser signals. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Use of Messaging

• Messages may include billing alerts, onboarding instructions, class schedule updates, and other service-related notices.
• If you opt in, you may also receive promotional or marketing messages. You can opt out at any time by replying "STOP".
• For help, reply "HELP" or contact us at [email protected].

Disclosure of SMS Data

• Third Parties That Help Provide the Messaging Service: We do not share your opt-in to an SMS campaign with any third party for purposes unrelated to supporting that campaign. However, we may share your Personal Data with trusted service providers — such as messaging platforms, telecom providers, and technical vendors — solely to enable the delivery of SMS messages.
• Affiliates and Subsidiaries: We may disclose your Personal Data to our affiliates or subsidiaries. If we do so, their use and disclosure of your data will remain subject to this Privacy Policy.

Rights Under the GDPR (European Economic Area Residents)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. NextKick aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. In certain circumstances, you have the following data protection rights:

• The right to access, update, or delete the information we have on you. Whenever made possible, you can access, update, or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your Personal Data.
• The right of restriction. You have the right to request that we restrict the processing of your personal information.
• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.
• The right to withdraw consent. You have the right to withdraw your consent at any time where NextKick relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the EEA.

Rights Under U.S. State Privacy Laws

Depending on your state of residence, you may have rights under applicable U.S. state privacy laws, including the New Jersey Data Privacy Act, the California Consumer Privacy Act as amended by the California Privacy Rights Act, and similar laws in other states. Where these laws apply to you, your rights may include:

• The right to know and access the categories and specific pieces of Personal Data we have collected about you
• The right to correct inaccurate Personal Data
• The right to delete Personal Data we have collected from you, subject to certain exceptions
• The right to obtain a copy of your Personal Data in a portable format
• The right to opt out of the sale of Personal Data, the sharing of Personal Data for cross-context behavioral advertising, and certain profiling. NextKick does not sell Personal Data for monetary consideration. Our use of targeting/advertising cookies on our public marketing website may constitute "sharing" or "targeted advertising" under some state laws; you may opt out via our cookie banner or the mechanisms described in Section 9.
• The right not to receive discriminatory treatment for exercising your privacy rights

To exercise any of these rights, contact us using the information in Section 14. We will verify your request and respond within the time required by applicable law. You may also designate an authorized agent to make a request on your behalf. If we decline to take action on your request, you may have the right to appeal our decision by replying to our response with the word "Appeal". Note that if your Personal Data was entered into the Service by a School as part of Student Data, we may refer your request to that School, which controls that data.