PrizePicks PRIVACY POLICY

Last modified: August 30, 2018 

At Performance Predictions LLC (“PrizePicks​,” “Company​,” “we,​” “us​,” or “our​”), a Georgia based company, we respect and protect the privacy of visitors to MyPrizePicks.com (“Site​”), and the users that download and use the services offered through the PrizePicks mobile application available on iOS and Android (the “App​,” together with the Site, the “Services​”). PrizePicks maintains a strict policy to ensure the privacy of our Visitors and End Users (as further defined below). This policy (“Privacy Policy​”) describes the types of information we may collect from you and our practices for how we collect, use, maintain, protect, and disclose such information. This Privacy Policy also includes a description of certain rights that you may have over information that we may collect from you. Capitalized terms used in this Privacy Policy that are not defined have the same meaning as defined in the PrizePicks Terms of Service (“Terms​”). 

If you do not agree with our policies and practices, your choice is to not use our Services. By accessing or using the Services, you agree to this Privacy Policy. This policy may change from time to time as stated below. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. 

1. Scope of Privacy Policy 

2. Information We Collect About You and How We Collect It 

3. How We Use Your Information 

4. How we Disclose or Share Your Information 

5. Data Security: How We Protect Data We Hold 

6. International Transfer of Personal Data 

7. Choices for Your Personal Data 

8. Changes to the Privacy Policy 

9. Children Under the Age of 16 

10. California Privacy Rights 

11. Questions & Right to Access 

1. Scope of Privacy Policy 

This Policy details our commitment to protecting the privacy of individuals who visit our Site (“Visitors​”) and users who have registered for an account or downloaded the App (“End Users​”). This policy applies to information that is automatically collected via the Services or that is affirmatively provided to us by Visitors or End Users. 

This Privacy Policy does not apply to: 

● Offline Information. Information collected by us offline or through any other means, including on any other website operated by PrizePicks or any third party (including our affiliates and subsidiaries) is not subject to this Privacy Policy. 

● Third Parties. PrizePicks is not responsible for the privacy policies or other practices employed by websites linked to, or from, our Site or App nor the information or content contained therein, and we encourage you to read the privacy statements of any linked third party. 

2. Information We Collect About You and How We Collect It 

PrizePicks gathers a variety of information about our Visitors and End Users, including information: 

● by which you may be personally identified, such as name, e-mail address, or any other identifier by which you may be contacted online or offline (“Personal Data​”); 

● that is about you but individually does not identify you; and 

● about your internet connection, the equipment you use to access our Services and usage details. 

We collect this information directly from you when you provide it to us, automatically as you navigate through the Services, or from third parties, for example, our business partners. 

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Information That You Provide to Us 

When you sign up to use the Services or when you request certain materials, you may be required to provide Personal Data. During these processes we may ask you to provide your name, e-mail address, phone number, driver’s license, birth date, gender, and unique identifiers, such as a username or password. 

We may also obtain Personal Data from records and copies of your correspondence (including email addresses), dialog boxes or chats, your responses to surveys or feedback requests that we might ask you to complete, or details of transactions you carry out through our Services. 

Finally, we may obtain Personal Data if you provide such information to be published or displayed (hereinafter, “posted​”) on public areas of the Services or transmitted to other End Users of the Services or third parties (collectively, “User Contributions​”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that we cannot control the actions of other End Users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. 

Information Automatically Collected Through Your Use of the Services 

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain demographic information and information about your contest history, devices, internet protocol (“IP​”) address, operating system, browser type, browsing actions, and pattern. The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways. It helps us to improve our Services and allows us to deliver a better and more personalized service, including enabling us to estimate our audience size and usage patterns, to store information about your preferences, and to recognize you when you return to our Services. 

The technologies we use for this automatic data collection may include: 

Cookies (or browser cookies)​. On the Services, PrizePicks uses a technology that is commonly known as “cookies.” A cookie is a small file placed on the hard drive of your device. We use cookies to help us manage and report on your interaction with the Site or App. Through cookies, we are able to collect information that we use to improve the Services, keep count of return visits to our website or our advertisers' or partners' websites, collect and report on aggregate statistical information, authenticate your login credentials, or manage multiple instances of the Site in a single browser. We may also collect other data such as the page or site that referred you to the Site, the date and time you visited the Site, and your current IP address. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Site or the functions of the Services may be impaired. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site. 

Log Files and Web Beacons​. Pages of the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Occasionally, we connect personal information to information gathered in our log files as necessary to improve our Site and Services. In such a case, we would treat the combined information in accordance with this Privacy Policy. Log files that we collect include IP addresses, browser type, domain names, access times, and physical location. 

Heat mapping and session recording. ​Heat mapping services are used to display the areas of a page where End Users most frequently move the mouse or click. This shows where the points of interest are. These services make it possible to monitor and analyze web traffic and keep track of End User behavior. Some of these services may record sessions and make them available for later visual playback 

Real-Time Location. Our Services collect real-time information about the location of your device. Disabling location data will impair the functions of Services, including prohibiting you from entering into contests. 

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us. 

3. How We Use Your Information 

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We may use aggregated (anonymized) information about our users, and information that does not identify any individual, without restriction. 

The collection of your Personal Data will be limited to that which is needed for the purposes identified by PrizePicks. Unless you consent or we are required by law, we will only use the Personal Data for the purposes for which it was collected. If PrizePicks will be processing your Personal Data for another purpose later on, PrizePicks will seek your further legal permission or consent; except where the other purpose is compatible with the original purpose. We will keep your Personal Data only as long as required to serve those purposes. We will also retain and use your Personal Data for as long as necessary to comply with our legal obligations and resolve disputes. 

We use information about you, including Personal Data, for a variety of purposes, including: 

● To collect or disburse payment for transactions made through the Services; 

● To generally enable you to use our Services; 

● To provide you with information, products, or services that you request from us; 

● To customize and personalize the content we deliver to you both on the Services; 

● To provide customer service and support; 

● To send you administrative messages about the Services; 

● To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; 

● To notify you about changes to our Services or any products or services we offer or provide through it. ● To monitor and analyze trends, usage, and activities in connection with the Services; 

● To investigate and prevent fraudulent transactions, unauthorized access to the Services, violations of the Terms, and other illegal activities; 

● To share testimonials or reviews that you may have posted to the Services or other PrizePicks owned social media pages; 

● In any other way we may describe when you provide the information; or 

● For any other purpose with your consent. 

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile or by following the unsubscribe instructions included in our marketing communications. For more information, see Choices for Your Personal Data. 

4. How we Disclose or Share Your Information 

We may disclose aggregated information about our End Users and Visitors and information that does not identify any individual, including anonymized contest data, without restriction. 

We may disclose Personal Data that we collect or you provide: 

● To other PrizePicks End Users to share your public profile; 

● To our subsidiaries and affiliates; 

● To third party services providers for account authentication, or management; 

● To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them, including payment processors, storage contractors, and analytics contractors; and 

● To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Predict Pick’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by PrizePicks about our Visitors and End Users is among the assets transferred. You will be notified of any such change by a prominent notice displayed on our Services or by e-mail to the primary address affiliated with your account. Any successor in interest to this Privacy Policy will be bound to the Privacy Policy at the time of transfer. 

We may also disclose your personal information: 

● To comply with any court order, law, or legal process, including to respond to any government or regulatory request. 

● To enforce or apply our Terms and other agreements, including for billing and collection purposes. 4816-0961-5729, v. 2

● If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of PrizePicks, our End Users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. 

We use PayPal as a payment processor. For more information on PayPal’s privacy practices, please visit https://www.paypal.com/us/webapps/mpp/ua/privacy-full. 

5. Data Security: How We Protect Data We Hold 

We have implemented industry standard technical and organizational measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. The measures we use are designed to provide a level of security appropriate to the risk of processing your Personal Data. All information you provide to us is stored on our secure servers behind firewalls. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services like company profile pages or message boards. The information you share in public areas may be viewed by any End User of the Services and, depending on where the information is posted, by some Visitors of the Services. 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your Personal Data transmitted to the Services. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. 

6. International Transfer of Personal Data 

The PrizePicks Services are only available within the United States. Accordingly, PrizePicks stores personal information about Visitors and End Users within the United States. If you are using the Services from outside the United States, please note that you are agreeing to the transfer of your Personal Data to the United States. The United States may have laws which are different, and potentially not as protective, as the laws of your own country. By providing your Personal Data, you consent to any transfer and processing in accordance with this Privacy Policy. 

7. Choices for Your Personal Data 

You can review and change your personal information by visiting your account profile page. 

You may also send us an email to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. 

If you delete User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other End Users or Visitors. 

You can choose whether or not to allow the App to collect and use real-time information about your device’s location through your device’s privacy settings. If you block the use of location information, some parts of the Services may then be inaccessible or not function properly. 

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Services may then be inaccessible or not function properly. 

PrizePicks tolerates only permission-based email. In addition, End Users always have the opportunity to opt–out or change preferences via a link in the footer of all non–transactional email messages. These options are made available in email messages delivered from our company. Some communications, however, are considered transactional and are necessary for all PrizePicks End Users (e.g. important account notifications and billing information). You must cancel your PrizePicks account to unsubscribe from transactional communications.  

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PrizePicks does not currently respond to browser “Do Not Track” signals or other mechanisms. To find out more about "Do Not Track," you may wish to visit www.allaboutdnt.com/. 

8. Changes to the Privacy Policy 

It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Site home page or on the App. If we make material changes to how we treat our Visitors’ or End Users’ personal information, we will notify you by email to the primary email address specified in your account, through a prominent notice on the Site home page, or on the App. Such changes will be effective when posted. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting this Privacy Policy to check for any changes. Your continued use of our Services following the posting of any amendment, modification, or change to this Privacy Policy shall constitute your acceptance of the amendments to this Privacy Policy. You can choose to discontinue use of the Service if you do not accept the terms of this Privacy Policy, or any modified version of this Privacy Policy. 

9. Children Under the Age of 16 

Our Services are not intended for children under 16 years of age and contest entry and account creation have higher age limits. No one under age 16 may provide any personal information to or on the Services. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or register on the Services, make any purchases, use any of the interactive or public comment features, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at the email address listed below. 

10. California Privacy Rights 

California Civil Code Section § 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to the email address listed below. 

If you are a California resident under the age of 18, and a registered user of our Services, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an e-mail with a detailed description of the specific content or information to the email address listed below. 

Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested. 

Under California law, California residents who have an established business relationship with us may opt-out of our disclosing Personal Data about them to third parties for their marketing purposes. 

11. Questions & Right to Access 

PrizePicks acknowledges the individual’s right to access their personal information. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his query to the address below. If requested to remove data, we will respond within a reasonable timeframe. 

If you have any questions about this Privacy Policy, please contact: james@MyPrizePicks.com or 

PrizePicks Customer Support 

3423 Piedmont Rd NE 

Suite 450 

Atlanta, GA 30305 

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