Last Updated: December 20, 2019
Effective: January 1, 2020
OUR COMMITMENT TO PRIVACY – DRAFTKINGS DAILY FANTASY
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 applications ("Application(s)"), and our online fantasy sports related services available through the Website and the Applications ("Services"). This privacy notice does not apply to websites, applications, or services that do not display or link to this notice 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
THE PERSONAL INFORMATION WE COLLECT
- Information You Provide To Us
- Information Collected via Technology
- Information Collected From or About Friends
- Information Collected from Other Sources
- INTERACTION WITH THIRD-PARTY SITES AND SERVICES
- ADDITIONAL USES OF PERSONAL INFORMATION
- ADDITIONAL DISCLOSURES OF PERSONAL INFORMATION
- SECURITY AND RETENTION OF PERSONAL INFORMATION
- YOUR CHOICES REGARDING PERSONAL INFORMATION
- HOW TO ACCESS OR CORRECT PERSONAL INFORMATION
- HOW WE RESPOND TO DO NOT TRACK SIGNALS
- PROHIBITED USERS
- NOTE TO INTERNATIONAL USERS
- CALIFORNIA PRIVACY RIGHTS
- HOW TO CONTACT US
- CHANGES AND UPDATES TO THIS PRIVACY NOTICE
1. THE PERSONAL INFORMATION WE COLLECT
a. Information You Provide to Us
- You may choose voluntarily to provide certain personal information to us. Personal information is information that can be used to identify you, such as your name, address, email address, phone number, credit card information, billing information, driver’s license number, and social security number.
- For example, you may decide to share your first and last name, date of birth, location, email address, phone number, username and password, and the country and state in which you reside when you create an account to log in to our network ("Account"). We need this information to set up your Account, verify your identity, and provide you with our Services.
- When you use our Website, Applications, or Services, or deposit or withdraw funds from your Account, we may collect all information necessary to complete the transaction and provide you with the Services, including your name, address, email address, phone number, credit or debit card information and other billing information, social security number, tax documents, and records of the products and Services you purchased, obtained, or considered.
- If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content provided in the email, in order to send you a reply, provide customer and technical support, improve and optimize our Services, satisfy our legal obligations, enforce our contracts, and address any existing or anticipated disputes.
- We will collect the profile photo you upload and user name you choose for your public profile page ("Profile"), to give you a personalized experience of our Services. When you participate in any contest, game or other fantasy sports-related product through the Website, Applications, or Services (each, a "Contest" and, collectively, "Contests" ), other participants in the Contest (each, a "Player") will be able to see the information you selected for your Profile.
- If you tell us where you are (e.g., by allowing your mobile device to send us your location or by otherwise permitting us to geolocate you), we may store and use that information to verify your eligibility to enter certain Contests, to comply with relevant laws, and for fraud prevention purposes.
- When you participate in one of our surveys, we may collect additional information about your profile, activity, usage, and preferences related to the Website, Applications and Services, so we can evaluate your interest in and the quality of our products, Services, and customer and technical support.
- If you participate in a sweepstakes, Contest, or giveaway through our Services, we may collect your email address and phone number, to notify you if you win or not. We may also ask for users’ first and last names and addresses, in order to verify their identities. In some situations we may need to collect other information about user preferences as part of the entry process, such as a prize selection, or in connection with the award of prizes over a certain dollar amount. Such sweepstakes and Contests are voluntary. And we recommend that you read the rules for each sweepstakes and contest before you enter it.
b. Information Collected via Technology
- Information Collected by our Services. In order to improve, personalize, and optimize our Services and meet our legal obligations, we may automatically track certain information about your visits to and usage of our Website, Applications, and Services, 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), device identifier, domain name, clickstream data, referring/exist pages, geolocation, and a date/time stamp for your visit. We also use this information to analyze trends, administer the Website, gather demographic information about our user base, deliver advertising, perform research, provide technical and customer support, inform our product development efforts, protect our legal rights, address disputes, and prevent our Services from being used to commit harmful or unlawful activities, including fraud. Some of this information may also be collected so that when you use the Website, Applications, or Services again, we will be able to recognize you and optimize your experience accordingly.
- Device Information. We may collect information about the devices you use to access our Services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information. If you have downloaded our mobile Application(s), we may also collect certain information from your mobile device, including information about how you use the Application(s). This information is generally used to help us deliver relevant information to you. In the event our Application crashes on your mobile device, we will also receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs, provide other technical support, and improve and optimize the performance of our Application(s).
- 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 are often used in combination with cookies, trigger the placing of cookies, and transmit information to us or our service providers. This enables two websites to share information. The resulting connection can include information such as a device’s IP address, the time a person viewed the pixel, an identifier associated with the browser or device, the type of browser being used and the URL of the web page from which the pixel was viewed. Pixel tags also allow us to send email messages in a format that users can read, tell us whether emails have been opened, and help to ensure we are sending only messages that may be of interest to our users. We may also use this information to reduce or eliminate messages sent to a user.
- Collection of Data in Connection with Advertising. We may use certain vendors to serve ads on the Website and Applications. In connection with the delivery of advertising, certain vendors may automatically collect information about your visits to this and other websites, including your IP address, internet service provider, unique personal identifiers, and the browser you use to visit our Website. They do this by using cookies, beacons, pixel tags, clear gifs, or other technologies. The information collected may be used, among other reasons, to deliver advertising targeted to your interests and to better understand your usage of, preferences on, and visitation of our Website, Applications, and Services and other sites tracked by these vendors. This notice does not apply to, and we are not responsible for, cookies, pixel tags and like other technologies used in connection with other parties’ ads, and we encourage you to check the privacy policies of advertisers and ad services to learn about their use of such technologies. If you would like more information about these practices to understand your options for not having your information collected and used by such companies, please click here: http://www.aboutads.info/choices or https://www.networkadvertising.org/.
- Referral Affiliates. We may enter into agreements with companies that refer users to our Services via hyperlinks available on the referring party’s website. We may automatically collect certain information, such as your IP address, other unique personal identifiers, and the identity of the referring website via cookies, pixel tags and similar technologies that are provided to us in connection with your use of the referring party’s website.
- Location Information. We may collect your location information, including your geolocation records, for purposes of verifying whether you are eligible to participate in a Contest, sweepstakes, or giveaway or to determine if you are otherwise permitted to use our Services. We may also use such information to comply with our legal obligations, protect our legal rights, and address existing or anticipated disputes.
c. 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 any email address you so provide in order to facilitate the invitation. In this case, we rely upon you to obtain any consents from the third party that may be required by law to allow us to access and upload the third party’s name and email address as required. If you are using one of our Applications to refer-a-friend, the Application may also collect your phone number, which we may use for fraud prevention, user authentication, and to provide our Services. You or the third party may contact us at email@example.com 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 your contacts, including contacts in your address book, so that you can more readily ask your contacts to join and communicate with you through the Services. With your permission, we will access your address book, and import your contacts’ names, email addresses, phone numbers, images, geolocation details and any other information associated with your contacts to determine which of your friends have not registered 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 or Applications. During this process, we also collect your phone number (to send you a text message for account verification purposes), some information on your settings that help us interpret your data (such as language and keyboard settings that you set), and the identity of your phone’s carrier, mobile network code, and mobile country code. Such information is collected in order to facilitate your friends’ use of our Website, Application(s), and Services.
- Find-a-Friend. Our Services may also enable you to invite your friends who already have an Account to enter a Contest. In order to invite friends with Accounts to join a Contest, you may: (i) enter your friend’s username associated with their account to find and locate them; or (ii) in the event you are using our Application(s), use our contact importer tool to import and search through your contacts, including contacts in your address book, in order 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, images, geographic locations, and any other information associated with your contact in order to facilitate automatic connection with your 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 Applications. 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
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, Applications, 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 Anonymous 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 Applications. We reserve the right to use such aggregated, anonymized, or de-identified data for any purpose and disclose it to third parties for any reason.
4. ADDITIONAL DISCLOSURES OF PERSONAL INFORMATION
In addition to the sharing practices discussed above, we may disclose your personal information as follows:
- Parties You Share With. When you use the Website, Application(s), or Services, the personal information you openly provide with others will be shared with parties you allow to receive such information. For example, you may elect to communicate personal information with other Players who are participating in the same Contest as you.
- Service Providers. We may share your personal information with certain service providers to: provide you the Services we offer through our Website and Applications; conduct quality assurance testing; facilitate the creation of accounts; provide account authentication and user verification services; provide technical and customer support; geolocate users; personalize, customize, and improve your use and experience of the Services; process payments to you and other financial transactions; send email and push notifications; enable security support and technical maintenance; send you newsletters, surveys, messages, and promotional materials related the Services or on behalf of other companies; verify your identity; prevent harmful or unlawful uses of our Services, including fraud; deliver you customized or personalized content, information, and advertising; understand when users have installed our Application(s); monitor the health and performance of code on users’ devices; request user feedback; send users links to download our Application(s); monitor the health of our servers; manage search engine optimization; and improve and optimize the performance of our Services.
- Internal Revenue Service and Other Taxing Authorities. If your earnings from Contests exceed a certain threshold, in accordance with our interpretation of applicable law, we will disclose the amount of your earnings and related information to the United States Internal Revenue Service and other appropriate taxing authorities.
- Professional Financial and Legal Advisers. From time to time, we may also need to share your information with professional advisers, including lawyers, auditors, bankers, insurers and consultants, in order to obtain advice or other professional services from them. Such advisers are bound by legal and/or contractual duties of confidentiality and other prohibitions against disclosure of personal information.
- DK Promotions. When you participate in a Contest, we may use your name, likeness, voice, opinions, and biographical information for publicity, advertising, trade, or promotional purposes without further payment, consideration, notice, or approval.
- Corporate Affiliates. We may share some or all of your personal information with our corporate affiliates, including, without limitation, our subsidiaries, joint ventures and other companies under a common control ("Affiliates"), in which case we will require our Affiliates to respect 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.
- Advertising Alliances Opt-out: In addition to adjusting the appropriate settings in your browser, many advertising companies that may collect information for targeted advertising purposes are also members of the Digital Advertising Alliance or the Network Advertising Initiative. Both of these organizations provide directions on how individuals can opt-out from targeted advertising by their members. You can find more information on these opt-out capabilities on www.aboutads.info and www.networkadvertising.org.
5. SECURITY AND RETENTION OF PERSONAL INFORMATION
- The security of your information is important to us. We use reasonable administrative, technical, and physical procedures, practices, and safeguards designed to protect personal information we collect from unauthorized access, use, alteration, exfiltration, or destruction. Additionally, we will keep your information for only as long as it is needed to achieve its purpose or meet our legal obligations.
- We make concerted, good faith efforts to maintain the security of your information. Although we work hard to ensure the integrity and security of our systems, it must be recognized that no information system is 100% secure and, therefore, we cannot guarantee the security of such information. Outages, attacks, human error, system failure, unauthorized use, or other factors may compromise the security of user information at any time.
6. YOUR CHOICES REGARDING PERSONAL INFORMATION
- Changing or Deleting Your Personal Information. You may change any of your personal information in your Account by simply editing it within your Account or by requesting changes by emailing us at firstname.lastname@example.org. You may request deletion of certain personal information maintained by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be legally or otherwise 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). Deletion requests may be made by emailing us at email@example.com or by submitting a privacy request through the “Contact Us” web form located at https://www.draftkings.com/help/contact-us. 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 to prevent fraud or other unlawful activity or for similar purposes.
- Applications. You may stop all collection of information by our Application(s) by uninstalling the Application(s). 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.
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 contacting our privacy team via email addressed to firstname.lastname@example.org 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 email@example.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
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 firstname.lastname@example.org.
11. NOTE TO INTERNATIONAL USERS
12. CALIFORNIA PRIVACY RIGHTS
California Consumer Privacy Act
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 stated 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; 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; 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.
Right to Know About Personal Information Collected, Used, Shared, or Sold.
CA customers have the right to request that we disclose the following information for the period covering the 12 months preceding their request:
- the categories of personal information we collected about you;
- the categories of sources from which we collected personal information about you;
- the categories of personal information that we have disclosed about you for our business purposes and the categories of suppliers to whom the personal information was disclosed;
- the categories of personal information that we sold to third parties and the categories of third parties to whom the personal information was sold, if any;
- the business or commercial purpose(s) for which personal information about you was collected, shared or sold; and
- the specific pieces of personal information we collected about you.
Right to Request Deletion of Personal Information.
CA customers have the right to request that DK delete the personal information we maintain about them, subject to certain exceptions.
Right to Opt-Out of the Sale of Personal Information.
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:
- the customer uses or directs the business to intentionally disclose his or her personal information or uses the business to intentionally interact with a third party, as long as the third party does not also sell the personal information; or
- the business uses or shares with a service provider personal information of a customer that is necessary to perform a business purpose, as long as (i) the business has provided appropriate notice that personal information is being used or shared and (ii) the service provider does not further collect, sell, or use the personal information of the customer except as necessary to perform the business purpose.
As described above, we allow certain companies to place tracking technologies on our sites, which allow those companies to receive information about your activity on our sites that is associated with your browser or device. Based on our 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, nor will we do so going forward.
Right to Non-Discrimination for Exercising Privacy Rights.
DK will not discriminate against CA customers for exercising their rights under the CCPA.
How To Exercise Your Rights.
You may submit a request by emailing us at email@example.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, 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 will 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.
Designating an Authorized Agent to Submit Privacy Requests.
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.
“Shine the Light” Law
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.
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 firstname.lastname@example.org 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 email@example.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 is effective as of January 1, 2020. It may be revised periodically. If we make any material changes in the way we use your personal information, we will notify you. Unless specified otherwise, any future changes to this privacy notice will be effective thirty (30) days following notice of the changes posted on our Website and Application(s) or delivered via email . Such changes will be effective immediately for new users of the Services 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. If the last email address you provided us is not valid or for any reason is not capable of delivering to you the notice(s) described above, then in the event we elect to provide you notice via email, our dispatch of the email containing such notice will constitute effective notification of the changes described in the revised 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 and consent to such changes and to be bound by the terms of such changes, with the understanding that the modified terms apply to all of your personal information, including the personal information collected before the change went into effect.
Last Updated: December 20, 2019
Effective: January 1, 2020