PRIVACY NOTICE

Last Updated: August 16, 2021

OUR COMMITMENT TO PRIVACY - DRAFTKINGS SPORTSBOOK

DraftKings strives to offer sports fans the most innovative and entertaining games found anywhere on the Internet. To ensure the trustworthiness of our games and the quality of your experience, we collect and process information about our users. We are committed to handling that information with respect, because your privacy is very important to us. DraftKings Inc. ("DraftKings," "DK," "we," "us," or "our") has prepared this notice to explain how we collect, use, and share information from users of our website located at http://www.draftkings.com ("Website"), our mobile application(s) ("Application(s)"), and our online gaming products and related services available through the Website and the Applications including our social networking features (collectively, "Services"). This notice does not apply to websites, applications, or services that do not display or link to this statement or that display or link to different privacy statements.

By using our Website, Application(s), or Services, you consent to this notice. If you object to the collection, use, and sharing practices described in this notice, you may not use our Website, Applications, or Services. If you are a California resident, please see Section 12 below for additional information regarding your California Privacy Rights.

TABLE OF CONTENTS

  1. THE PERSONAL INFORMATION WE COLLECT
    1. Information You Provide To Us
    2. Information Collected via Technology
    3. Information Collected From or About Friends
    4. Information Collected from Other Sources
  2. INTERACTION WITH THIRD-PARTY SITES AND SERVICES
  3. ADDITIONAL USES OF PERSONAL INFORMATION
  4. ADDITIONAL DISCLOSURES OF PERSONAL INFORMATION
  5. SECURITY AND RETENTION OF PERSONAL INFORMATION
  6. YOUR CHOICES REGARDING PERSONAL INFORMATION
  7. HOW TO ACCESS OR CORRECT PERSONAL INFORMATION
  8. HOW WE RESPOND TO DO NOT TRACK SIGNALS
  9. PROHIBITED USERS
  10. CHILDREN
  11. INTERNATIONAL USERS
  12. CALIFORNIA PRIVACY RIGHTS
  13. HOW TO CONTACT US
  14. CHANGES AND UPDATES TO THIS PRIVACY NOTICE

1. THE PERSONAL INFORMATION WE COLLECT

a. Information You Provide to Us

b. Information Collected via Technology

c. Information Collected From or About Friends

d. Information Collected from Other Sources

We may supplement the information we have about you with information received from other sources including from our pages on certain Social Networking Sites, the Social Networking Sites themselves, and from commercially available sources (e.g., data brokers and public databases). Your activity on other websites and applications may be associated with your personal information in order to improve and customize our Services and the ads delivered on our Website and Application(s). The information we receive may include demographic data such as age, gender and income level, your preferences, interests, associations, commercial information, including records of products or services purchased, obtained, or considered and other purchasing or consuming histories or tendencies, as well as information regarding your interaction with various websites and applications, including the Services. This information is used to create and deliver advertising, improve and optimize our marketing efforts, perform user verification, authentication and fraud detection, and comply with our legal obligations.

2. INTERACTION WITH THIRD-PARTY SITES AND SERVICES

Certain products, services, or other materials displayed on the Website and Applications may integrate with, be integrated into, or be provided in connection with certain third-party services and content. We do not control those services and content and our Terms of Use and this notice do not apply to those services and content. You should read the terms of use agreements and privacy policies that apply to such services and content. DK is not responsible for the practices used by any third-party websites or services linked to or from our Website or Application(s), including, without limitation, the information or content contained within them. By using our Website, Application(s), or Services, you acknowledge and agree that we are not responsible for and do not have control over any third-party services and content that you authorize to access information you provide to them. If you are using a third-party website or service and allow it to access your personal information, you do so at your own risk.

3. ADDITIONAL USES OF PERSONAL INFORMATION

User Feedback. We may post user feedback on the Website and Application(s) from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting. If you make any comments on a blog or forum associated with the Website, Application(s) or Services, you should be aware that any personal information you submit there can be read, collected, or used by other users of the blog or forum and might be used to send you unsolicited messages. We are not responsible for any personal information you choose to submit in these blogs and forums.

Creation of Aggregated, Anonymized, or De-Identified Data. We may create aggregated, anonymized or de-identified data (i.e., data that is not reasonably capable of being associated with or linked to you) from personal information we collected from or about you. We use such data to analyze request and usage patterns, so that we may improve, optimize, or enhance our Services and improve our users' experience with and ability to navigate our Website and Application(s). We reserve the right to use aggregated, anonymized, or de-identified data for any purpose and disclose it to third parties for any reason.

Responsible Gaming . As part of DraftKings' commitment to responsible gaming, we may use the information collected about you to assess whether you are responsibly playing the Games. In the event we identify potentially problematic information, we may reach out to you to provide resources to help ensure that you are playing the Games responsibly. By using our Website, Application(s) or Services, you consent to our use of your information for these purposes.

4. ADDITIONAL DISCLOSURES OF PERSONAL INFORMATION

In addition to the sharing practices discussed above, we may disclose your personal information as follows:

5. SECURITY AND RETENTION OF PERSONAL INFORMATION

6. YOUR CHOICES REGARDING PERSONAL INFORMATION

7. HOW TO ACCESS OR CORRECT PERSONAL INFORMATION

You may request a copy of personal information that DK has collected about you through the Services by emailing our privacy team via email addressed to privacy@draftkings.com or through the "Contact Us" web form located at https://www.draftkings.com/help/contact-us . You may also request that DK correct any factual inaccuracies in your personal information by contacting support@draftkings.com.

8. HOW WE RESPOND TO DO NOT TRACK SIGNALS

Various browsers, including Internet Explorer, Firefox and Safari, currently offer a "Do Not Track" or "DNT" option that relies on a technology known as a DNT header, which sends a signal to websites visited by the user about the user's browser DNT preference setting. Please note that, at this time, we do not honor "DNT" signals or other mechanisms that may allow you to opt out of the collection of information across networks of websites and online services as there is no standard for how online services should respond to such signals. As standards evolve, we may develop policies for responding to DNT signals that would be described in future versions of this notice. For more information on DNT options, please visit www.allaboutdnt.org.

9. PROHIBITED USERS

As indicated in our Terms of Use, employees, operators, or consultants of a sports governing body are prohibited from participating in certain Games where such employee, operator, or consultant is prohibited from participating in Games by such governing body ("Prohibited Users"). For clarity, examples of sports governing bodies are the National Football League, Major League Baseball, and the National Basketball Association. We may report any participation in the Services or in any Games by any Prohibited Users to the applicable sports governing body.

10. CHILDREN

The Website and Application(s) are not directed toward individuals under the age of thirteen (13), and we require that such individuals not provide us with personal information. We do not knowingly collect or maintain personal information from anyone under the age of 13 through the Website or Applications. If we become aware that a child under 13 has provided us with personal information through the Website, Application(s), or Services, we will delete the information from our files. If you are the parent or legal guardian of a child under 13 who you believe has provided personal information to DK through the Website, Applications or Services, please contact our privacy team at privacy@draftkings.com

11. INTERNATIONAL USERS

The Website and Application(s) are hosted in the United States and are intended for and directed to users in the United States and Canada. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Website, Application(s) or Services, which are governed by U.S. law, this notice and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer. The Website and Applications are not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States. Your information may be stored and processed in any country where we have facilities or in which we engage service providers and, by using the Website, Application(s) or Services, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

12. CALIFORNIA PRIVACY RIGHTS

California residents ("CA customers") have certain rights concerning their personal information, including under the California Consumer Privacy Act of 2018 ("CCPA"). The preceding sections of this notice describe DK's practices regarding the collection, use, disclosure, and sale of personal information. This section supplements the preceding sections by describing CA customers' additional rights with respect to their personal information and explaining how to exercise such rights.

As discussed above, we collect and use the following categories of personal information addressed in the CCPA for the business and commercial purposes described in this notice: real name; username; postal address; email address; telephone number; social security number; driver's license, state identification, and passport numbers; date of birth and age; profile photographs; gender information; credit card, debit card, and bank account numbers and other payment and financial information; tax information and documents; commercial information, including records of products or services purchased, obtained, or considered; income level data; information on users' interaction with the Website and Application(s) and other websites and applications, including information on preferences, usage, communications, subscriptions, SNS usernames, associations, likes, and public profile information; and inferences drawn from such information. We collect this personal information from the categories of sources described above. We may disclose the foregoing categories of personal information for our business and commercial purposes to the extent permitted by applicable law.

CA customers have the right to request that we disclose the following information for the period covering the 12 months preceding their request:

CA customers have the right to request that DK delete the personal information we maintain about them, subject to certain exceptions.

CA customers have the right to opt-out of a business's sale of their personal information. Under the CCPA, the terms "sell," "selling," or "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a CA customer's personal information to another business or third party for monetary or other valuable consideration. The CCPA provides that a business does not sell personal information when:

As described above, we and certain other companies place tracking technologies on our Services, which allow us and such companies to receive information about your activity on our Services that is associated with your browser or device. Based on our current understanding of the CCPA, DK believes this is not a "sale" of personal information and that we have not sold the personal information of CA customers, including minors under 16 years of age, within the preceding 12 months. CA customers may control the use of certain tracking technologies and request to opt-out of the "sale" of personal information by clicking our Do Not Sell My Personal Information link in the footer of the Website and following the instructions on the page that appears. Please also keep in mind that your cookie and tracking tool preferences are specific to the device, website, and browser you are using and are deleted when you clear your browser's cache.

DK will not discriminate against CA customers for exercising their rights under the CCPA.

You may submit a request by emailing us at privacy@draftkings.com or by sending us a privacy request through the Contact Us web form located at https://www.draftkings.com/help/contact-us Please note that DK may deny or fulfill a request only in part, based on our legal rights and obligations. Please also note that, except as otherwise provided by applicable California law, for purposes of these rights, personal information does not include information about job applicants, employees and other of our personnel or information about employees and other representatives of third-party entities we may interact with.

When we receive a request, we will verify the identity of the requestor and undertake to respond within the periods set by California law. If a CA customer has a password-protected account with DK, we may verify their identity through DK's existing authentication practices and will require him or her to re-authenticate themselves before disclosing or deleting the customer's data. If a CA customer does not have a password-protected account, we will take reasonable steps to verify their identity in accordance with the CCPA prior to responding any request. The verification steps may vary depending on the sensitivity of the personal information. If we cannot verify a requestor's identity using these methods, we may use an appropriate third-party verification service.

CA customers may use an authorized agent to submit a Request to Know or a Request to Delete. An authorized agent is a person or entity registered with the California Secretary of State that a CA customer has authorized to act on his or her behalf. If you choose to submit a privacy request to DK through an authorized agent, we may require that you provide the agent with written permission to do so and that the agent verify their own identity with DK. If your privacy request is submitted by an agent without proof that they have been authorized by you to act on your behalf, we may deny the request.

A CA customer who has provided personal information to a business with whom he has established a business relationship for personal, family, or household purposes is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a CA customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy or notice) a policy of not disclosing customers' personal information to third parties for their direct marketing purposes unless the business gives users a mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost-free means to exercise the right.

We have opted for this alternative approach. As stated in this notice, we give customers a mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes. Therefore, we are not required to maintain or disclose a list of third parties that received your personal information for marketing purposes. If you wish to opt-out of sharing your personal information with third parties for their direct marketing purposes, please email us at privacy@draftkings.com or send us a privacy request through the Contact Us web form located at https://www.draftkings.com/help/contact-us and describe your request as "Re:Opt-out".

13. HOW TO CONTACT US

Any inquiries or comments regarding your personal information and privacy rights, our data privacy practices, this privacy notice, or any reports regarding suspected or actual security violations should be directed to our privacy team via email to privacy@draftkings.com or by sending a message via the Contact Us web form at https://www.draftkings.com/help/contact-us .

14. CHANGES AND UPDATES TO THIS PRIVACY NOTICE

This privacy notice may be revised periodically in our sole discretion, and any changes will be effective upon the revised privacy notice being posted to our Website or Application(s). You are solely responsible for reviewing this privacy notice for any changes. In the event we make material changes to this privacy notice, as determined by us in our sole discretion, we will notify you. You are solely responsible for updating your personal information to provide us with your most current email address. In the event the last email address you provided is not valid or for any reason is not capable of delivering notifications to you, then in the event we provide you notification via email, our dispatch of the email containing such notification will constitute effective notification of the changes made to the privacy notice. In the event you do not wish to permit changes in our use of your personal information, you must notify us that you wish to deactivate your Account. Your continued use of the Website, Application(s), or Services following any changes to this privacy notice will indicate your acknowledgement of and consent to such changes and to be bound by the terms of such changes, with the understanding that the updated privacy notice applies to all of your personal information, including the personal information collected before the changes went into effect.

Last Updated: August 16, 2021