Privacy Notice

This Privacy Notice (this “Privacy Notice”) explains how MySportsPool, LLC (“MySportsPool”), along with its subsidiaries and affiliates (collectively, “we”, “us” or “our”), collects, uses, discloses, and otherwise processes personal data, as defined under applicable privacy law, in connection with the provision of the Platform, as well as any specific product, functionality, service, or application that references or links to this Privacy Notice. This Privacy Notice should be read in conjunction with our Terms of Service, and words used herein without definition are used herein as therein defined.

As more fully described below, in order to use the Platform, you will need to create an account, which requires providing some registration information, which may include name, email address and phone number. We use this information to manage your account, including contacting you when necessary.

In addition to sharing your personal data to set up your account, we collect some other information about you, such as the type of device you use and your IP address. We use this information to help secure our services. We may also collect information about your use of the Platform. We use this information to help improve and secure the Platform and to market our services to you.

We don’t share your personal data with third parties for marketing purposes without your consent. Similarly, we will never share your information with other parties for use other than as described in this Privacy Notice without your consent. You can make changes to this information at any time from your account settings page or by emailing us at support@mysportspool.com.

This Privacy Notice only covers information collected through the Platform and via direct communications between you and MySportsPool, and does not cover any information collected at any other website, application or otherwise by us (unless specifically stated), including when you call us, write to us, or communicate with us in any manner other than through the Platform. By using the Platform, you consent to such use of your information and personal data and agree to the terms of this Privacy Notice.

The categories of personal data we collect depend on how you interact with us and the Platform. For example, you may provide us your personal data directly when you sign up for our mailing list, register for an account or access or use the Platform.

We also collect personal data automatically when you interact with our websites and other services and may also collect personal data from other sources and third parties with whom you have shared your personal data.

We may collect any or all of the following categories of personal data:

We and our third-party partners automatically collect certain information by default from your access to or use of the Platform and the services provided by such third-party partners. This includes information about how you access and use the Platform. This information is collected through the use of a variety of tracking and other technologies, including: (i) cookies, or small data files that are stored on an individual’s computer, and (ii) other related technologies, such as web beacons, pixels, embedded scripts, software development kits (SDKs), location-identifying technologies and logging technologies ((i) and (ii), collectively, “Cookies”). Information we collect through Cookies may be combined with other personal data we collect directly from you or receive from other sources.

When you access or use the Platform or our applications, your browser and other electronic devices communicate with servers operated by us and our service providers to coordinate and record the interactivity and fill your requests for services and information. Cookies allow us to recognize you when you return, and track and target your interests in order to provide a customized experience. They also help us to detect certain kinds of fraud.

Some Cookies are temporary, whereas others may be configured to last longer. “Session” Cookies are temporary Cookies used for various reasons, such as to manage page views. Your browser usually erases session Cookies once you exit your browser. “Persistent” Cookies are more permanent Cookies that are stored on your computer or mobile devices after you exit your browser. We use persistent Cookies for a number of purposes, such as retrieving certain information you have previously provided, and storing your preferences.

We and our third-party partners use Cookies to collect the following data by default when you access or use the Platform or otherwise engage with us:

• Information about the way you use the Platform and interact with us, which may include the site from which you came, the site to which you are going when you leave the Platform, how frequently you access the Platform, whether you open emails or click the links contained in emails, whether you access or use the Platform from multiple devices, and other browsing behavior and actions you take on or in connection with the Platform (such as the pages you visit, the content you view, the communications you have through the Platform, and the content you interact with).
• Information about your device, network, and location, which may include device type, operating system, IP address, device identifiers (including, for example, a persistent device identifier or advertising ID), device information, precise geolocation when you grant us access through your device settings.

For information about the choices you may have in relation to the data we collect by default, please refer to the Your Privacy Choices section below.

We may use personal data we collect to:

• Fulfill or meet the reason the information was provided, such as to fulfill our contractual obligations, facilitate payments for our products and services, administer pool and contest participation, maintain pool or contest history, or deliver the services requested;
• Manage our organization and its day-to-day operations;
• Communicate with you, including via email, text message, chat, social media and/or telephone calls, and provide communications features such as live and automated chat;
• Request you provide us with feedback about our product and service offerings;
• Address inquiries or complaints made by or about an individual in connection with our products or services;
• Create and maintain accounts for our users;
• Administer and facilitate events, contests, promotions, sweepstakes, surveys, and similar offerings, including by registering you for and providing you with access to those offerings;
• Market our products and services to you, including through email, phone, text message, social media, targeted content, and online advertising, where permitted by law;
• Administer, improve, and personalize our products and services, including by recognizing you across devices, remembering your information when you return to our products and services, and providing custom content or features;
• Conduct research and analytics on our user base and our products and services, including to assist with our users’ use of the Platform, to optimize such use, to innovate and provide the Platform, to better understand the demographics of our users and monitor aggregate metrics such as traffic, usage, and demographic patterns;
• Test, enhance, update, monitor, and measure the effectiveness of our products and services, or diagnose or fix technology problems;
• Help maintain and enhance the safety, security, and integrity of our property, products, services, technology, assets, and business;
• Defend, protect, or enforce our rights or applicable contracts and agreements (including our Terms of Service), as well as to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties;
• Detect, prevent, investigate, or provide notice of security incidents or other malicious, deceptive, fraudulent, or illegal activity and protect the rights and property of MySportsPool and others;
• Comply with contractual and legal obligations and requirements;
• Fulfill any other purpose for which you provide your personal data, or for which you have otherwise consented.

As a matter of policy, we do not sell, rent or share any of your personal data, including your email address, to third parties for their marketing purposes without your consent.

The following describes some of the ways that your personal data may be disclosed in the normal scope of business to provide our services and products to you:

• To Our Affiliates: To provide our products and facilitate our services, MySportsPool discloses personal data to our parent, subsidiaries, affiliates (collectively, “MySportsPool”) for purposes and uses that are consistent with this Privacy Notice.
• To Other Users and the General Public: We make available personal data designed for sharing through the Platform with certain or all MySportsPool users, or the general public, based on the applicable privacy settings and intended recipients. By publicly posting content in the Platform, you are directing us to disclose that information as broadly as possible and directing those accessing the content to do the same.
• To Marketing Providers: We coordinate and share personal data with our marketing providers in order to advertise and communicate with you about the products and services we make available.
• To Service Providers: We may engage third parties to perform certain services on our behalf in connection with the uses of personal data described in the sections above, such as hosting, analytics and customer support. Depending on the applicable services, these service providers may process personal data on our behalf or have access to personal data while performing services on our behalf.
• In Connection with a Business Transaction or Reorganization: We may take part in or be involved with a business transaction or reorganization, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose, transfer, or assign personal data to a third party during negotiation of, in connection with, or as an asset in such a business transaction or reorganization. Also, in the unlikely event of our bankruptcy, receivership, or insolvency, your personal data may be disclosed, transferred, or assigned to third parties in connection with the proceedings or disposition of our assets.
• To Facilitate Legal Obligations and Rights: We may disclose personal data to third parties, such as legal advisors and law enforcement, to: establish, exercise, or defend legal claims; comply with laws or respond to lawful requests (such as subpoenas) and legal process; protect our rights and property and the rights and property of our agents, users, and others, including to enforce our agreements, policies, and Terms of Service; detect, suppress, or prevent fraud; reduce credit risk and collect debts owed to us; protect the health and safety of us, our users, or any person; or as otherwise required by applicable law.
• With Your Consent or Direction: We may disclose your personal data to certain other third parties or publicly with your consent or direction. For example, with your permission, we may post your testimonial on our websites.
• Without Your Consent: We may disclose your personal data to certain third parties without your consent or direction if we believe that we are legally obligated to do so. We will strive to give you notice before doing so, to the extent not legally prohibited.

The following privacy choices are made available to all individuals with whom we interact:

• Email Communication Preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in any of our email communications. Please note you cannot opt out of service-related email communications.
• SMS / Text Communication Preferences: You can stop receiving promotional SMS / text communications from us by texting “STOP” or otherwise indicating that you no longer wish to receive such communications from us. Please note that we may need to continue to communicate with you via SMS / text for certain service-related messages (such as sending a verification code to your phone via call or text for purposes of verifying the authenticity of a log-in attempt).
• Cookies:See the “Cookie Preferences” section below.

The Platform is not directed to children under the age of 18, and we do not intend to knowingly collect or solicit personal data from children under the age of 18. If an individual is under the age of 18, they are not permitted to use and should not use or access the Platform or otherwise provide us with any personal data either directly or by other means. If a child under the age of 18 has provided personal data to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal data from our systems. If we learn that any personal data we collect has been provided by a child under the age of 18, we will promptly delete that personal data.

We have implemented reasonable physical, technical, and organizational safeguards that are designed to protect your personal data. In addition, we take steps designed to ensure any third party with whom we share personal data provides a similar level of protection. However, despite these controls, we cannot completely ensure or warrant the security of your personal data.

We will usually retain the personal data we collect about you for no longer than reasonably necessary to fulfil the purposes for which it was collected, and in accordance with our legitimate business interests and applicable law. However, if necessary, we may retain personal data for longer periods of time as required under applicable law or as needed to resolve disputes or protect our legal rights.

To determine the appropriate duration of the retention of personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of personal data and if we can attain our objectives by other means, as well as our legal, regulatory, tax, accounting, and other applicable obligations.

Our websites and other services may include links to or redirect you to third-party websites, plug-ins, applications, or other services. Third-party websites and other services may also reference or link to our websites and services. This Privacy Notice does not apply to any personal data practices of these third-party websites, plug-ins, applications, or other services. To learn about these third parties’ personal data practices, please visit their respective privacy notices.

We may update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice that shows when it was last updated. All changes shall be effective from the date of publication unless otherwise provided. Prior versions of this Privacy Notice are available upon request by contacting us below.

If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please contact us at: legal@mysportspool.com.