Privacy Policy

Effective November 15, 2024

Your Privacy Matters

UpNexts mission is to revolutionize the college athletics transfer process by empowering athletes and coaches with a streamlined, efficient, and accessible platform. We aim to increase visibility and opportunities for athletes, enhance communication and transparency in recruitment, and build a more effective transfer ecosystem that connects the right players with the right programs. Through innovative technology and a commitment to user-focused solutions, we strive to make the transfer process smoother, more transparent, and beneficial for both sides of college athletics. Central to this mission is our commitment to be transparent about the data we collect about you, how it is used and with whom it is shared.
This Privacy Policy applies when you use our Services (described below). We offer our users choices about the data we collect, use and share as described in this Privacy Policy and our Cookie Policy.

Introduction

We are a social network and online platform for current and prospective college athletes and universities. People use our Services to find and be found for college athletic opportunities, to connect with others and find information. Our Privacy Policy applies to any Member or Visitor to our Services.
Our registered users (Members) share their personal, educational, and athletic identities, engage with other users (including, as applicable, prospective athletes, coaches, etc.), exchange knowledge and insights, post and view relevant content, and find new opportunities. Content and data on some of our Services is viewable to non-Members (Visitors).

Services

This Privacy Policy, including our Cookie Policy applies to your use of our Services. This Privacy Policy applies to all UpNext-branded sites, apps, communications and services offered by UpNext (Services), including off-site Services. For California residents, additional disclosures required by California law may be found in our California Privacy Disclosure.

Data Controllers and Contracting Parties

UpNext Athletics, Inc. will be the controller of (or business responsible for) your personal data provided to, or collected by or for, or processed in connection with our Services.
As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy and other documents referenced in this Privacy Policy, as well as updates.

Change

Changes to the Privacy Policy apply to your use of our Services after the effective date.
UpNext (we or us) can modify this Privacy Policy, and if we make material changes to it, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account.
You acknowledge that your continued use of our Services after we publish or send a notice about our changes to this Privacy Policy means that the collection, use and sharing of your personal data is subject to the updated Privacy Policy, as of its effective date.

1. Data We Collect

1.1 Data You Provide To Us

You provide data to create an account with us.

Registration

To create an account you need to provide data including your name, email address and/or mobile number, general location (e.g., city), and a password. If you register for a premium Service, you will need to provide payment (e.g., credit card) and billing information.

Profile

You have choices about the information on your profile, such as your education, educational and athletic experience, skills, photo, city or area, endorsements, and optional verifications of information on your profile. You dont have to provide additional information on your profile; however, profile information helps you to get more from our Services, including helping coaches or athletes, as applicable, find you. Its your choice whether to include sensitive information on your profile and to make that sensitive information public. Please do not post or add personal data to your profile that you would not want to be publicly available.

Posting and Uploading

We collect personal data from you when you provide, post or upload it to our Services, such as when you fill out a form, (e.g., with demographic data or salary), respond to a survey, or submit any information.
You dont have to post or upload personal data; though if you dont, it may limit your ability to grow and engage with your network over our Services.

1.2 Data From Others

Others may post or write about you.

Content and News

You and others may post content that includes information about you (as part of articles, posts, comments, videos) on our Services. We also may collect public information about you, such as relevant news, data, and accomplishments, and make it available as part of our Services, including, as permitted by your settings, in notifications to others of mentions in the news.

Partners

We receive personal data about you when you use the services of our customers and partners, such as coaches, universities, and/or other related platforms providing us relevant data.

Related Companies and Other Services

We may receive data about you when you use some of the other services provided by us or our Affiliates.

1.3 Service Use

We log your visits and use of our Services, including mobile apps.
We log usage data when you visit or otherwise use our Services, including our sites, app and platform technology, such as when you view or click on content (e.g., learning video) or ads (on or off our sites and apps), perform a search, install or update one of our mobile apps, share articles or apply for opportunities. We use log-ins, cookies, device information and internet protocol (IP) addresses to identify you and log your use.

1.4 Cookies and Similar Technologies

We collect data through cookies and similar technologies
As further described in our Cookie Policy, we use cookies and similar technologies (e.g., pixels and ad tags) to collect data (e.g., device IDs) to recognize you and your device(s) on, off and across different services and devices where you have engaged with our Services. We also allow some others to use cookies as described in our Cookie Policy. You can opt out from our use of data from cookies and similar technologies that track your behavior on the sites of others for ad targeting and other ad-related purposes.

1.5 Your Device and Location

We receive data through cookies and similar technologies
When you visit or leave our Services (including some plugins and our cookies or similar technology on the sites of others), we receive the URL of both the site you came from and the one you go to and the time of your visit. We also get information about your network and device (e.g., IP address, proxy server, operating system, web browser and add-ons, device identifier and features, cookie IDs and/or ISP, or your mobile carrier). If you use our Services from a mobile device, that device will send us data about your location based on your phone settings. We will ask you to opt-in before we use GPS or other tools to identify your precise location.

1.6 Communications

If you communicate through our Services, we learn about that
We collect information about you when you communicate with others through our Services (e.g., when you send, receive, or engage with messages, events, or connection requests, including our marketing communications). This may include information that indicates who you are communicating with and when. We also use automated systems to support and protect our site. For example, we use such systems to suggest possible responses to messages and to manage or block content that violates our User Agreement.

1.7 School Provided Information

When your organization (e.g., school) buys a premium Service for you to use, they give us data about you.
Others buying our Services for your use, such as your school, provide us with personal data about you and your eligibility to use the Services that they purchase for use by their students.

1.8 Sites and Services of Others

We get data when you visit sites that include our ads, cookies or plugins or when you log-in to others services with your account
We receive information about your visits and interaction with services provided by others when you log-in with UpNext or visit others services that include some of our plugins or our ads, cookies or similar technologies.

1.9 Other

We are improving our Services, which means we get new data and create new ways to use data
Our Services are dynamic, and we often introduce new features, which may require the collection of new information. If we collect materially different personal data or materially change how we collect, use or share your data, we will notify you and may also modify this Privacy Policy.

2. How We Use Your Data

We use your data to provide, support, personalize and develop our Services
How we use your personal data will depend on which Services you use, how you use those Services and the choices you make in your settings. We may use your personal data to improve, develop, and provide products and Services, develop and train artificial intelligence (AI) models, develop, provide, and personalize our Services, and gain insights with the help of AI, automated systems, and inferences, so that our Services can be more relevant and useful to you and others.

2.1 Services

Our Services help you connect with others, find and be found for opportunities, and stay informed
We use your data to authorize access to our Services and honor your settings.

Stay Connected

Our Services allow you to stay in touch and up to date with peers, coaches and other relevant contacts. To do so, you can contact the individuals who you choose, and who also wish to connect with you.
We use data about you (such as your profile, profiles you have viewed or data provided through address book uploads or partner integrations) to help others find your profile, suggest connections for you and others (e.g., Members who share your contacts or experiences) and enable you to invite others to become a Member and connect with you.
It is your choice whether to invite someone to our Services, send a connection request, or allow another Member to become your connection. When you invite someone to connect with you, your invitation will include your network and basic profile information (e.g., name, university, position). We will send invitation reminders to the person you invited. You can choose whether or not to share your own list of connections with your connections. Visitors have choices about how we use their data.
Our Services allow you to stay informed about opportunities and developments regarding college athletics and recruitment. We use the data we have about you (e.g., data you provide, data we collect from your engagement with our Services and inferences we make from the data we have about you), to personalize our Services for you, such as by recommending or ranking relevant content and conversations on our Services. We use your content, activity and other data, including your name and photo, to provide notices to your network and others. For example, subject to your settings, we may notify others that you have updated your profile, posted content, took a social action, used a feature, made new connections or were mentioned in the news.

Opportunities

Our Services allow you to explore opportunities and/or seek out, and be found for, opportunities in college athletics. Your profile can be found by those looking to recruit or be recruited by you. We will use your data to recommend opportunities and show you and others relevant contacts. You can signal that you are interested in changing opportunities and share information with recruiters and/or coaches. We will use your data to recommend opportunities to you and you to recruiters. We may use automated systems to provide content and recommendations to help make our Services more relevant to our Members, Visitors and customers. Keeping your profile accurate and up-to-date may help you better connect to others and to opportunities through our Services.

2.2 Premium Services

Our premium Services help paying users to search for and contact Members through our Services, such as searching for and contacting certain individuals
We sell premium Services that provide our customers and subscribers with customized-search functionality and tools (including messaging and activity alerts) as part of our talent, marketing and sales solutions. We do not provide contact information to customers as part of these premium Services without your consent. Premium Services customers can store information they have about you in our premium Services, such as a resume or contact information or sales history. The data stored about you by these customers is subject to the policies of those customers.

2.3 Communications

We contact you and enable communications between Members. We offer settings to control what messages you receive and how often you receive some types of messages
We will contact you through email, mobile phone, notices posted on our websites or apps, messages to your UpNext inbox, and other ways through our Services, including text messages and push notifications. We will send you messages about the availability of our Services, security, or other service-related issues. We also send messages about how to use our Services, network updates, reminders, suggestions and promotional messages from us and our partners. You may change your communication preferences at any time. Please be aware that you cannot opt out of receiving service messages from us, including security and legal notices.
We also enable communications between you and others through our Services, including for example invitations, groups and messages between connections.

2.4 Advertising

We serve you tailored ads both on and off our Services. We offer you choices regarding personalized ads, but you cannot opt-out of seeing non-personalized ads
We target (and measure the performance of) ads to Members, Visitors and others both on and off our Services directly or through a variety of partners, using the following data, whether separately or combined:
Member-provided information (e.g., profile, contact information, title and industry);
Data from your use of our Services (e.g., search history, feed, content you read, who you follow or is following you, connections, groups participation, page visits, videos you watch, clicking on an ad, etc.), including as described in Section 1.3;
Information from advertising partners, vendors and publishers.

2.5 Marketing

We promote our Services to you and others
In addition to advertising our Services, we use Members data and content for invitations and communications promoting membership, engagement and our Services, such as by showing your connections that you have used a feature on our Services.

2.6 Developing Services and Research

We develop our Services and conduct research

Service Development

We use data, including public feedback, to conduct research and development for our Services in order to provide you and others with a better, more intuitive and personalized experience, drive membership growth and engagement on our Services, and help connect athletes to each other and to opportunities.

Other Research

We seek to create opportunity for all current and prospective college athletes and to help them (and their respective universities) be more successful. We use the personal data available to us to research trends. In some cases, we work with trusted third parties to perform this research, under controls that are designed to protect your privacy. We may also make public data available to researchers to enable assessment of the safety and legal compliance of our Services. We publish or allow others to publish economic insights, presented as aggregated data rather than personal data.

Surveys

Polls and surveys are conducted by us and others through our Services. You are not obligated to respond to polls or surveys, and you have choices about the information you provide. You may opt-out of survey invitations.

2.7 Customer Support

We use data to help you and fix problems
We use data (which can include your communications) to investigate, respond to and resolve complaints and for Service issues (e.g., bugs).

2.8 Insights That Do Not Identify You

We use data to generate insights that do not identify you
We use your data to perform analytics to produce and share insights that do not identify you.

2.9 Security and Investigations

We use data for security, fraud prevention and investigations
We and our Affiliates may use your data (including your communications) for security purposes or to prevent or investigate possible fraud or other violations of the law, our User Agreement and/or attempts to harm our Members, Visitors, company, Affiliates, or others.

3. How We Share Information

3.1 Our Services

Any data that you include on your profile and any content you post or social action you take on our Services will be seen by others, consistent with your settings.

Profile

Your profile is fully visible to all Members and customers of our Services. Subject to your settings, it can also be visible to others on or off of our Services (e.g., Visitors to our Services or users of third-party search tools).

Posts, Likes, Follows, Comments, Messages

Our Services allow viewing and sharing information including through posts, likes, follows and comments.
When you share an article or a post (e.g., an update, image, video or article) publicly it can be viewed by everyone and re-shared anywhere (subject to your settings). Members, Visitors and others will be able to find and see your publicly-shared content, including your name (and photo if you have provided one).
In a group, posts are visible to others according to group type. For example, posts in private groups are visible to others in the group and posts in public groups are visible publicly. Your membership in groups is public and part of your profile, but you can change visibility in your settings.
Any information you share through companies or other organizations pages on our Services will be viewable by those organizations and others who view those pages content.
When you follow a person or organization, you are visible to others and that page owner as a follower.
We let senders know when you act on their message, subject to your settings where applicable.
Subject to your settings, we let a Member know when you view their profile. We also give you choices about letting organizations know when youve viewed their Page.
When you like or re-share or comment on anothers content (including ads), others will be able to view these social actions and associate it with you (e.g., your name, profile and photo if you provided it).

Enterprise Accounts

Your employer or university may offer you access to our enterprise Services such as recruiter or advertising manager. Your employer or university can review and manage your use of such enterprise Services.
Depending on the enterprise Service, before you use such Service, we will ask for permission to share with your employer or university relevant data from your profile or use of our non-enterprise Services. Subject to your settings, when you use tools and services certain of your data may also be made available to your employer or university or be connected with information we receive from your employer or university to enable these tools and services.

3.2 Others Services

You may link your account with others services so that they can look up your contacts profiles, post your shares on such platforms, or enable you to start conversations with your connections on such platforms. Excerpts from your profile will also appear on the services of others.
Subject to your settings, other services may look up your profile. When you opt to link your account with other services, personal data (e.g., your name, school, position) will become available to them. The sharing and use of that personal data will be described in, or linked to, a consent screen when you opt to link the accounts. For example, you may link your Twitter account to share content from our Services into these other services, or your email provider may give you the option to upload your contacts into its own service. Third-party services have their own privacy policies, and you may be giving them permission to use your data in ways we would not. You may revoke the link with such accounts.
The information you make available to others in our Services may be available to them on other services. For example, search tools, mail and calendar applications, or talent and lead managers may show a user limited profile data (subject to your settings), and social media management tools or other platforms may display your posts.

3.3 Related Services

We share your data across our different Services and affiliated entities.
We will share your personal data with our Affiliates to provide and develop our Services. Where allowed, we may combine information internally across the different Services covered by this Privacy Policy to help our Services be more relevant and useful to you and others. For example, we may personalize your feed or recommendations based on your history.

3.4 Service Providers

We may use others to help us with our Services.
We use others to help us provide our Services (e.g., maintenance, analysis, audit, payments, fraud detection, customer support, marketing and development). They will have access to your information (e.g., the contents of a customer support request) as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes. If you purchase a Service from us, we may use a payments service provider who may separately collect information about you (e.g., for fraud prevention or to comply with legal obligations).

3.5 Legal Disclosures

We may need to share your data when we believe its required by law or to help protect the rights and safety of you, us or others.
It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you; (3) investigate and defend ourselves against any third-party claims or allegations; (4) protect the security or integrity of our Services or the products or services of our Affiliates (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of UpNext, our Members, personnel or others. We attempt to notify Members about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

3.6 Change in Control or Sale

We may share your data when our business is sold to others, but it must continue to be used in accordance with this Privacy Policy. We can also share your personal data as part of a sale, merger or change in control, or in preparation for any of these events. Any other entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

4. Your Choices & Obligations

4.1 Data Retention

We keep most of your personal data for as long as your account is open. We generally retain your personal data as long as you keep your account open or as needed to provide you Services. This includes data you or others provided to us and data generated or inferred from your use of our Services. Even if you only use our Services when looking for a new opportunity, we will retain your information and keep your profile open, unless you demand that we close your account. In some cases we choose to retain certain information (e.g., insights about Services use) in a depersonalized or aggregated form.

4.2 Rights to Access and Control Your Personal Data

You can access or delete your personal data. You have many choices about how your data is collected, used and shared. We provide many choices about the collection, use and sharing of your data, from deleting or correcting data you include in your profile and controlling the visibility of your posts to advertising opt-outs and communication controls. We offer you settings to control and manage the personal data we have about you. For personal data that we have about you, you can: Delete Data: You can ask us to erase or delete all or some of your personal data (e.g., if it is no longer necessary to provide Services to you). Change or Correct Data: You can edit some of your personal data through your account. You can also ask us to change, update or fix your data in certain cases, particularly if it’s inaccurate. Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held). Right to Access and/or Take Your Data: You can ask us for a copy of your personal data and can ask for a copy of personal data you provided in machine readable form. Visitors can learn more about how to make these requests here. You may also contact us using the contact information below, and we will consider your request in accordance with applicable laws.

4.3 Account Closure

We keep some of your data even after you close your account. We retain some of your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our User Agreement, or fulfill your request to unsubscribe from further messages from us. We will retain de-personalized information after your account has been closed. Information you have shared with others will remain visible after you close your account or delete the information from your own profile or mailbox, and we do not control data that other Members have copied out of our Services. Groups content and ratings or review content associated with closed accounts will show an unknown user as the source. Your profile may continue to be displayed in the services of others (e.g., search tools) until they refresh their cache.

5. Other Important Information

5.1 Security

We monitor for and try to prevent security breaches. Please use the security features available through our Services. We try to implement security safeguards designed to protect your data. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

5.2 Lawful Bases for Processing

We have lawful bases to collect, use and share data about you. You have choices about our use of your data. At any time, you can withdraw consent you have provided by going to settings. We will only collect and process personal data about you where we have lawful bases. Lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you). Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object..

5.3 Contact Information

You can contact us or use other options to resolve any complaints. If you have questions or complaints regarding this Policy, please first contact UpNext online. You can also reach us by physical mail. If contacting us does not resolve your complaint, you have more options. You also have the right to contact us at athletesupport@upnext.team.

5.4 Consent

Where we process data based on consent, we will ask for your explicit consent. You may withdraw your consent at any time, but that will not affect the lawfulness of the processing of your personal data prior to such withdrawal. Where we rely on contract, we will ask that you agree to the processing of personal data that is necessary for entering into or performance of your contract with us. We will rely on legitimate interests as a basis for data processing where the processing of your data is not overridden by your interests or fundamental rights and freedoms.