PRIVACY NOTICE

Sandman Sports, LLC., (“Sandman,” “we,” “our,” or “us”) owns and operates the Sandman mobile website, located at www.sandmansports.com, through which we offer sports pools, tips, tools, content, products and other services (collectively, the “Services”). Before accessing or using the Services, please read this Privacy Notice (the “Privacy Notice” or “Notice”).

This Privacy Notice shall be supplemental to, and hereby incorporate by reference, our General Terms of Use (the “Terms”). This Notice and the Terms, together with any additional terms, addendums, or documents that may be referenced herein, form an agreement between you and us in connection with the Services. Any capitalized terms not defined herein shall be given the meaning ascribed to them in the Terms. IF YOU DO NOT AGREE TO THIS PRIVACY NOTICE, THEN YOU MUST NOT ACCESS OR OTHERWISE USE THE SERVICES.

This Privacy Notice sets forth our practices for handling the information that we collect from or about you. It applies to any and all Services offered by Sandman wherein this Notice is linked or otherwise referenced. By accessing the Services, you are consenting to the information collection and use practices described herein.

1. Collection of Information. We collect several types of information from and about users of our Services. This information is provided to us either directly by you or through your use of our Services. 

Information You Provide to Us:

 We collect the following categories of information when you use the Services:

• Profile information, sign-in information, including e-mail address, name, authentication information, telephone/mobile phone numbers, and/or any passwords you create;
• Age-range, and should you identity as under 18 (or as applicable, 16), your birthdate;
• Identification and other verification information, should you seek to register for our Contests – this information may include copies and information from identification documents (such as your driver’s license or passport), tax-related information, and any other information we may need to verify your identity and/or comply with applicable laws and regulations, and other sensitive personal information such as your social security number;
• Services engagement information, including discussion topics you create or comment on, league information, information we collect from you when you connect to our Services to third-party platforms and/or websites;
• Commercial information, including records of products or services purchased or obtained, as well as other purchasing or consuming histories. By way of example only: a) if you use our Contests, we collect information about the entry fees you have paid, prize history, and/or withdrawal information; and b) where applicable, we collect information about your purchase of virtual currencies and virtual items within relevant portions of the Services;
• Correspondence you send to us and other information, including information that you provide us with when you fill in forms or answer questions or surveys when using any of our Services, contact us through our customer service channels, respond to messages and communications that we send you, and/or otherwise interact with us;
• Payment information, from you or on behalf of our payment service providers, including billing information; our payment service providers will provide us with information about your purchases to that we know if a purchase has been successful; we do not receive any payment information from you;
• Device error information, including information about the error, the time the error occurred, the feature being used, and/or any communications or content provided at the time the error occurred; and/or
• Any other information you provide to use directly or indirectly through using or otherwise accessing the Services.

We may collect internet, electronic activity, and other information automatically from the devices and browsers that you use, including:

• Your device type; internet protocol (IP) address;
• Device and advertising identifiers;
• Default device language;
• Application usage information;
• Browser type and version;
• Operating system and platform;
• Internet service provider;
• Date and time of your visit;

Information about the links you click, pages you view, and interact with within the Services and other information about how you use and interact with the Services (by way of example only, this could include details about how and when you play our games or visit our website):

• The technology on the devices you use to access the Services;
• Standard server log information;
• Probabilistic identifiers, other unique personal, and/or on-line identifiers;
• Time zone setting and general location information; and/or
• Browsers plug-in types and versions.

We will use the information as described herein subject to any limitations this Notice sets forth, as well as any applicable law. Information collected from third-parties referenced herein or links contained in our Services may also be subject to their own privacy policies and other rules/regulations.

2. Use of Information and Purpose of Data Processing. We use and otherwise process each of the categories of information identified above for various business purposes, including but not limited to:

• Administering and providing products and services that you request, including allowing you to participate in pools and other features of our Services, engaging with other users through our social features, managing your account, and processing your payments, and/or other account activity;

• Communicating with you, including making suggestions and recommendations to you, and notifying you about changes to this Notice and/or relevant terms;

• We may use your information to send you direct marketing and promotional materials relating to our Services and/or other products (including by e-mail) on our behalf;

• Verifying your identity and information, such as when you register to participate in pools or where otherwise appropriate;

• Sharing such information in order to facilitate virtual currency deposits and/or convert virtual currency to USD;

• Improving our Services and to ensure that content is presented in the most relevant and effective manner for you and your device, including troubleshooting, data analytics, testing, research, and statistical and survey purposes; we may also use personal information to create aggregate or de-identified information that is no longer subject to this Notice;

• Keeping our Services, businesses, and users safe and secure, complying with applicable laws and regulations, and protecting or exercising our legal rights, including defending against legal claims; by way of example only, this includes use of your information to detect, prevent, and investigate fraud and other illegal activity and violations of this Notice and/or or other guidelines/rules; and other messages sent through the Services for these purposes;

• As described to you when collecting your information; and/or

• For any other lawful purpose.

3. Disclosure of Information. We are committed to maintaining your trust, and we want you to understand when and with whom we may share information we collect, which may include but is not limited to:

• Authorized third-party vendors and service providers. We share your information with third-party vendors and service providers who provide services to us for a variety of business purposes, such as identity verification, payment processing, customer service, e-mail deployment, advertising and marketing, security and performance monitoring, maintaining or servicing accounts, and processing or fulfilling orders and transactions. These third-parties collect, use, and access your data to perform their functions, and we may allow them to use information about you for their own purposes in accordance with applicable law;
• Messages, testimonial, and other social features. Your information may be shared with other users and made public if you use certain functionalities of our Services. By way of example only, the Services may include social features that enable you to interact with other users. In addition, other users may be able to see anything that you post to any public discussion topic, channel, chat, and/or other open areas in our Services (the “Public Areas”). We may publish the information you submit to us alongside your name, username, and/or location on our website(s), social media channels, for promotional purposes. You should use caution in disclosing information while utilizing using the Public Areas and we are not responsible for the information you choose to submit therein;
• Corporate affiliates. We may share your information with our affiliates.
• Business transfers. We may share your information in connection with a corporate transaction, such as sales, mergers, consolidations, an initial public offering, and/or in the unlikely event of a bankruptcy;
• Legal purposes. We may disclose your information to respond to subpoenas, court orders, the general legal process, law enforcement requests, claims, and/or government/regulatory authority inquiries (including those made by the Internal Revenue Service and other appropriate taxing authorities), and to protect and defend the rights, interests, safety, and security of Sandman, our affiliates, users, and/or the public; and/or
• With your consent and/or direction. We may share your information for any other purpose disclosed to you at the time we collect and/or share the information, pursuant to your consent or direction. By way of example only, we may provide your personal information to payment processors in order to process payment instruction.

In the preceding 12 months, we have disclosed your information for the following business purposes. The table below describes the categories of information in the left column, examples of data types within the applicable categories in the middle column and the right column states the categories of recipients that receive such information as part of disclosures business purposes.

4. Advertising, Cookies, and Similar Technologies. When you use the Services we use cookies, pixel tags, local storage, and other similar technologies (collectively, “Cookies”) to collect information from your browser and/or device.

We use various service providers to help analyze how people use our Services. These service providers use cookies and similar technologies to collect information pertaining to how people use our website and elsewhere based on your on-line activities over time and across different sites, services, and devices, as well as for other lawful purposes. We use the information we get from these service providers to improve and optimize our website and Services.

One of the service providers we use is Google Analytics, which helps us understand how you use our Services. Google Analytics collects data about your traffic via Google advertising Cookies and anonymous identifiers, as well as data collected through standard Google Analytics implementation.

You may revoke your consent to the use of web analysis at any time, either by downloading and installing the provided Google Browser Plugin or by following your internet browser’s instructions to enable, disable, or clear Cookies.

By using the Services, you consent to our use of Cookies and other similar technologies. The following non-exhaustive list notes some of the types of Cookies that are used on our Services:

• Essential Cookies – These enable you to use our Services and are essential to enable you to browse our Services and use certain features. Disabling them may prevent you from using certain parts of the Services. Without them, certain parts of the Services cannot be provided. These also help keep our Services safe and secure;

• Performance Cookies – These collect information about how you use our Services such as which pages or parts of them you visit regularly. These are used to provide you with a high-quality experience by doing things such as tracking page load, site response times, and error messages; and

• Content/Advertising Cookies – These gather information about your use of the Services so we may improve your experience and provide you with more relevant content and advertising on our Services and elsewhere on-line and across your devices. They are also used to gather feedback on customer satisfaction through surveys. They remember that you’ve visited our Services and help us understand usage of our Services. Some of them are from third-parties that collect information about your use of the Services. We do not control the privacy practices of these third-parties, and said practices are not covered by this Notice, you should review their terms prior to any disclosure.

Global Privacy Control:

Some browsers and browser extensions support the Global Privacy Control (“GPC”) that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data "sales" as defined under certain laws. In certain jurisdictions, when we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting as required by applicable law.

Do Not Track:

Some web browsers include a “Do Not Track” (“DNT”) feature that signals to websites you visit that you do not want to have certain information collected. Because there is not yet a common understanding of how to interpret DNT signals, we do not currently respond to them. We will continue to monitor advancements in how the online community and regulators address DNT.

5. U.S. State Privacy Notice. You may be entitled, in accordance with applicable law, to object to or request restriction of processing of your information, and to request access to, rectification, erasure, and portability of your information or as applicable, more information about our practices. This U.S. State Privacy Notice is designed to provide you with notice of our recent information practices over the prior 12 months from the “Last Updated” date of this Privacy Notice This U.S State Privacy Notice also applies to our current data practices such that it is also meant to provide you with “notice at collection.”

For any new or substantially different processing activities that are not described in this U.S. State Privacy Notice, we will notify you as required by the applicable U.S. Privacy Laws, by updating this U.S. State Privacy Notice.

Generally, we collect, retain, use and disclose your information for business purposes, that you have consented to, and as outlined in this Notice. We do not sell your information for monetary consideration; however, we may share your information with third-party service providers in a way that may be considered a sale of your information under applicable U.S. Privacy Laws. These sales are subject to your right to opt-out.

Under certain U.S. Privacy Laws, you have specific rights regarding your information. This section describes U.S. Privacy Law rights you may have and how to exercise those rights. For any of the following rights, we will first verify your identity prior to providing any information. We may verify your request, such as by requesting additional information from you.

• Right to Know and Data Portability: You have the right to request that we disclose certain information to you about our collection and use of your information over the past 12 months, which includes:
  • The categories of information we collect about you;
  • The categories of sources from which we collected information;
  • Our business or commercial purpose for collecting or selling (when applicable) that information;
  • The categories of third parties with whom we share information;
  • The categories of information about you that we disclosed for a business purpose, and the categories of service providers to whom disclosed that information for a business purpose; and/or
  • The third parties with whom we have shared your information (Minnesota Only).

Additionally, you may request that we provide the specific pieces of information we collect about you in a portable format.

• Right to Delete: You have the right to request that we delete any of your information that we have collected from you directly or from other sources and retained, subject to certain exceptions. We may deny your deletion request if retaining the information is necessary for us or our service providers to:
  • Complete the transaction for which we collected the information, provide the services you have requested, or take actions reasonably anticipated within the context of our ongoing business relationship;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Enable (internal only) uses that are reasonably aligned with consumer expectations based on your relationship with us;
  • Comply with a legal obligation; and/or
  • Other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or de-identify your information not subject to one of the foregoing exceptions from our records and will direct our service providers to take similar action.

• Right to Correct: You have the right to request correction of any inaccurate information we hold about you.

• Right to opt-out of a sale: You have the right to opt-out of our sale or our use of information for targeted advertising purposes.

• Right to receive notice: You have the right to receive notice of our practices at or before collection of information and you have a right not to receive discriminatory treatment for exercising any of your rights described under this section. We will not discriminate against you based on your exercise of any of your rights.

• Right to limit sensitive information processing: Certain personal information may be classified as sensitive information and depending on your state of residence, you may have the right to revoke consent to our processing of such information, and/or request that we limit the use or disclosure of your sensitive information outside of internal business purposes.

• Right to limit automated decision-making and profiling: You may have the right to opt-out of profiling in the furtherance of decisions that produce legal or similarly significant effects. However, we do not carry out profiling or automated decision-making activities in a manner that requires us to provide specific opt-out rights.

Depending on your place of residence, you may be limited to the number of free requests you can make in a 12-month period. If you exceed the number of requests allotted under applicable law, we reserve the right to charge a reasonable fee to respond to your request.

Requests should be submitted in writing via email to [email protected]. If you become aware of changes or inaccuracies in your information, you should inform us of the same so that the information may be updated and/or corrected.

If you are in a jurisdiction that recognizes the ability to use an authorized agent and wish to contact us through an authorized agent, the authorized agent can submit a request on your behalf to [email protected], along with an authorized agent form.

If you are in a jurisdiction that recognizes your ability to appeal a decision we have made in connection with your attempt to assert a right under applicable U.S. State Privacy Laws, you may file an appeal of our decision refusing your request to exercise your rights under this Privacy Notice. Requests to change our policies or practices are not grounds for an appeal. You may request an appeal of such decision by contacting us at [email protected], please provide the state that you are writing from, accompanied with documentation that you may have regarding the matter you are appealing.

California Shine the Light Law: California residents may opt out of the sharing of personal information (as defined by California’s “Shine the Light law”), with third parties for their own direct marketing purposes. California residents may opt out and/or request for an accounting of what third-parties we have shared your personal information with. This right is in addition to and different than rights granted to California residents pursuant to the California Consumer Privacy Act (CCPA). California residents exercising their Shine the Light rights should mail requests to our address below identifying the request as a Shine the Light Request and include a statement attesting to your California residency.

6. Minors. Our Services are not intended for individuals who are defined as minors for purposes of processing personally identifiable information under applicable law. We do not knowingly collect or retain personal information from minors via our Services. If we discover that a minor has submitted personal information through any of these channels, we will promptly remove such information from our records and delete your account. If you are a parent or legal guardian and believe that your minor child has provided personal information to us, please reach out to our privacy team at [email protected], and we will ensure that the child's information is deleted.

7. Data Retention, Security, and Integrity. Your information will be retained only for so long as reasonably necessary, for the purposes set out herein, and in accordance with applicable law. We maintain security measures to safeguard your information from loss, theft, interference, misuse, unauthorized access, disclosure, alteration, and/or destruction. However, you should understand that no data storage system or transmission of data over the internet or any other public network can be guaranteed to be secure, accurate, complete, and/or current. Please note that information collected by third-parties may not have the same security protections as the information you submit to us, and we are not responsible for protecting the security of such information.

8. Changes to the Privacy Notice. We may modify this Notice from time to time, in our sole discretion. When any such updates are made, we shall revise the “Effective Date” above and post the new Notice version. We recommend that you review the Privacy Notice each time you visit and/or use the Services in order to stay informed of our ongoing practices.

9. Contact. Any questions, comments, complaints, and/or submissions referenced herein pertaining to this Privacy Notice should be e-mailed to [email protected].