(last updated 12/17/2018)
OUR COMMITMENT TO PRIVACY - DRAFTKINGS SPORTSBOOK
Your privacy is important to us. DraftKings, Inc ("DK", "we" or "us") has prepared this notice to describe to you our practices regarding the personal information we collect from users of our website located at http://www.draftkings.com (the "Website"), our mobile application ("Application"), and our online gaming products and related services available through Website and the Application ("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.
THE INFORMATION WE COLLECT
Information You Provide to Us
- We may collect personal information from you, such as your first and last name, location, email address, username and password, and the country and state in which you reside when you create an account to log in to our network ("Account").
- When you order Services on our Website, or deposit or withdraw funds from your Account, we may collect all information necessary to complete the transaction, including your name, address, phone number, credit card information, billing information and social security number.
- If you use our Application on your mobile device, we may collect your phone number and unique device id number.
- If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.
- We will collect your profile photo and user name that you upload to your public profile page ("Profile"). When you participate in any contest, game or other gaming related promotion on the Services (each a "Game" or collectively, the "Games") other participants in the Contest (each, a "Player") will be able to see the information in your Profile.
- If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to verify for eligibility enter certain Contests and for fraud prevention purposes.
- When you participate in one of our surveys, we may collect additional profile information.
- If you participate in a sweepstakes, contest or giveaway on our Services, we may ask you for your email address and/or home number (to notify you whether you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations we may need additional information as part of the entry process, such as a prize selection choice, or in connection with the award of prizes over a certain dollar threshold. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.
- We may also collect information at other points in our Website and Services where it is clear we are collecting such information.
Information Collected via Technology
- Information Collected by our Services. To make our Website and Services more useful to you, our Website automatically tracks certain information about the visits to our Website, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, clickstream data, referring/exist pages, and/or a date/time stamp for your visit. We use this information to analyze trends, administer the Website, gather demographic information about our user base as a whole, and to improve our Website and Services and for product development purposes. For example, some of the information may be collected so that when you visit the Website or Services again, it will recognize you and the information appropriate to your interests.
- Pixel Tags. In addition, we use "Pixel Tags" (also referred to as clear Gifs, Web beacons or Web bugs). Pixel tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of web users. In contrast to Cookies, which are stored on a computer's hard drive or web browser, Pixel Tags are embedded invisibly in web pages. Pixel Tags also allow us to send email messages in a format that users can read, and tell us whether emails have been opened to, in part, ensure that we are sending only messages that are of interest to our users. We may also use this information to reduce or eliminate messages sent to a user.
- Mobile Services. We may also collect non-personal information from your mobile device if you have downloaded our Application(s). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the Application(s), and information about the type of device you use. In addition, in the event our Application(s) crash on your mobile device, we will receive information about your mobile device model software version and device carrier, that allows us to identify and fix bugs and otherwise improve the performance of our Application(s).
- Referral Affiliates. We may enter into agreements with companies that refer users to our Service by way of hyperlinks made available on the referring party's website. We may automatically collect certain information, such as [your IP address, referring website, and your IP address] via the Cookies and Pixel Tags that are provided to us in connection with your use of the referring party's website. This policy does not apply to, and we are not responsible for, Cookies or Pixel Tags provided by third party Websites.
- Location Information. We may collect your location information including for the purpose of verifying whether you are eligible to participate in a Contest, sweepstakes, contest or giveaway on our Services.
Information Collected From or About Friends
- Refer-a-Friend. Our Services may enable you to invite your friends to join in the fun. We enable users to invite friends in two ways:
- You may invite a friend to register on our Services by providing us with their email address. We will collect the email address(es) you provide in order to facilitate that invitation. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party's names and e-mail addresses as required above. If you are using the Application to refer-a-friend, the Application may also collect your phone number which we may use, among other purposes, fraud prevention and user authentication purposes. You or the third party may contact us at firstname.lastname@example.org to request the removal of this information from our database.
- We may enable you to send your friends an invite to register on our Services via text message. We employ various techniques in order to enable you to invite your friends via text message, including offering contact importer tools to facilitate adding to your contacts (including contacts in your address book) so that you can more readily ask your contacts to join the Services in and communicate with you through the Services. With your permission, we will access your address book, and import your contacts' names, e-mail addresses, phone numbers, image, geographic location and any other information associated with your contacts to determine which of your friends have not registered for an Account. The text message that is sent to your friends will come from your phone number so that your friends know that you want to invite them to visit the Website. We also collect your phone number during this process to send you a text message for account verification purposes, along with some settings that help us to interpret your data, such as the language and keyboard settings that you have established, and the phone's carrier, mobile network code and mobile country code.
- Find-a-Friend. Our Services may enable you to invite your friends who have an Account to join a Contest. In order to invite friends with Accounts to join a Contest, you may either enter (1) your friend's username associated with their account to find and locate them or (2) in the event you are using our Application, use our contact importer tool to import and search through your contacts (including contacts in your address book) to match those of your friends who are also registered users of the Services. With your permission, we will access your address book, and import your contacts' names, e-mail addresses, phone numbers, image, geographic location and any other information associated with your contact to facilitate automatic connection with your friends.
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 Social Networking Sites, the Social Networking Sites themselves, and from commercially available sources (e.g., data brokers and public databases). The information we receive may include demographic data such as age, gender and income level, your interests and purchase data and other information that is necessary or useful to assist our marketing efforts or for user verification, authentication, fraud detection or to comply with regulatory requirements.
INTERACTION WITH THIRD PARTY SITES AND SERVICES
HOW WE USE INFORMATION
General Use. In general, the personal information you submit to us is used either to respond to the requests you make, or to aid us in serving you better. We use your personal information in the following ways:
- to facilitate the creation of and secure your Account on our network;
- to identify you as a user in our system and to otherwise administer and operate our Website, Application(s) and Services;
- to improve the quality of experience when you interact with our Website, Application(s) and Services;
- to send you administrative email notifications, such as security or support and maintenance advisories;
- to deliver customized or personalized content, information or advertising;
- to respond to your inquiries and other requests; and
- to send newsletters, surveys, offers and other promotional materials related to our Services or on behalf of third parties and to monitor the effectiveness of our marketing programs.
User Feedback. We may post user feedback on the Website 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 your name with your feedback. If you make any comments on a blog or forum associated with the Website, you should be aware that any personal information you submit there can be read, collected, or used by other users of the forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
Creation of Anonymous Data. We may create anonymized data (data that is not reasonably associated with or linked to any data that would reasonably be expected to allow someone to identify you or contact you) from personal information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymized data to analyze request and usage patterns so that we may enhance the content of our Services and improve Website navigation. We reserve the right to use anonymized data for any purpose and disclose anonymized data to third parties for any reason.
DISCLOSURE OF YOUR PERSONAL DATA
We disclose your personal information as described below and as described elsewhere in this notice.
- Third Parties Designated by You. When you use the Services, the personal information you provide will be shared with third parties that you designate to receive such information. For example, you may elect to communicate with other users who are participating in the same Contest as you.
- Third Party Service Providers. We may share your personal information with third party service providers to: provide you the Services that we offer you through our Website and Application(s); to conduct quality assurance testing; to facilitate the creation of accounts; to provide account authentication and user verification services; to provide technical support; and/or provide other services to DK.
- Internal Revenue Service and Other Taxing Authorities. If your earnings from Contests exceeds a certain threshhold, in accordance with our interpretation of applicable law, we will disclose the amount of your earnings and other related information to the United States Internal Revenue Service and other appropriate taxing authorities.
- Profiles and Players. When you participate in a Contest, we may make your Profile available to other Players of the Contest and enable you to communicate with other Players, in which case your communications will be disclosed.
- Friends. We may disclose information about you in connection with our Refer-A-Friend and Find-A-Friend programs as described above.
- DK Promotions. When you participate in a Contest, we may use of your name, likeness, voice, opinions, and biographical information for publicity, advertising, trade, or promotional purposes without further payment, consideration, notice, or approval.
- Affiliates. We may share some or all of your personal information with our subsidiaries, joint ventures and other companies under a common control ("Affiliates"), in which case we will required our Affiliates to honor this notice.
- Corporate Restructuring. We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition, corporate divestiture, dissolution transaction, or other proceeding involving the sale, transfer, divestiture or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, your personal information may also be transferred as a business asset.
- Third Parties. We may make the information we have about you available to third parties including for their direct marketing use. Please see the section below on your California Privacy Rights to determine how you can learn what information about you was disclosed.
YOUR CHOICES REGARDING YOUR INFORMATION
- Changing or Deleting Your Personal Information. You may change any of your personal information in your Account by editing your "personal information" within your Account or by sending an email to us at the address listed below. You may requested deletion of your personal information by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.
- Applications. You may stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
HOW YOU CAN ACCESS OR CORRECT YOUR INFORMATION
You can request a copy of the personally-identifiable information that DK has collected about you via the Services by contacting our Information Privacy team at the e-mail address listed in the "How to Contact Us" section below. You may also request that DK correct any factual inaccuracies contained in this information by contacting this same person.
HOW WE RESPOND TO DO NOT TRACK SIGNALS
Some web browsers may transmit "do not track" signals to the websites and other online services with which your web browser communicates. There is no standard that governs what, if anything, websites should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard is established, we may revise our policy on responding to these signals.
SPECIAL NOTE TO INTERNATIONAL USERS
YOUR CALIFORNIA PRIVACY RIGHTS
A California resident who has provided personal information to a business with whom he has established a business relationship for personal, family, or household purposes ("California customer") 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 California 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.
HOW TO CONTACT US
If you would like to contact us for any reason regarding our privacy practices, our privacy notice, or if you want to report any security violations to us, please e-mail us at the following address: email@example.com
This notice may be revised periodically, and if we make any material changes in the way we use your personal information, we will notify you. Any changes to this privacy notice will be effective upon thirty (30) days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of the Service and for all users who expressly acknowledge that this notice has been changed. Please note that at all times you are responsible for updating your personal information to provide us with your most current email address. In the event that the last email address that you provided us is not valid, or for any reason is not capable of delivering to you the notice described above, in the event that we elect to provide you notice via email, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Your continued use of the Website, Application(s) or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, with the understanding that the modified terms and conditions applies to all of your personal information, including the personal information collected before the change went into effect.