Effective Date: April 19, 2022
1. Collection of Information. We collect the following categories of information when you use the Services, which shall include but not be limited to:
· Sign-in information, including e-mail address, telephone/mobile phone numbers, and/or any passwords you create;
· Profile information, including your interests, preferences, feedback, photograph, and/or avatar;
· Identification and other verification information, should you seek to register for our paid entry contests of skill – 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;
· 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, websites, and/or social network services or use other social or player-to-player functionality, and/or information collected when you invite your friends to use the Services;
· Photo, chat, and messages information, including photos, animated images, and direct or private messages sent to other users, as well as group messages sent to members of a particular group or league using our league-specific chat feature;
· 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 paid entry contests of skill, we collect information about the contest 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;
· Address book / contact information, in accordance with your device permissions;
· 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 interact with us on our social media channels;
· Payment information, from you or on behalf of our payment service providers, including billing or PayPal information; our payment service providers will provide us with information about your purchases to that we know if a purchase has been successful; when you purchase items via our mobile applications (such as those you can purchase in the App Store, on Facebook, and/or on GooglePlay), 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, the state of the application when the error occurred, and/or any communications or content provided at the time the error occurred;
· Information we collect automatically – 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 advertising you 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 location; browsers plug-in types and versions; pages that you visit before and after using the Services, browsing history, and search history; and/or inferences used to create a profile about preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; and
· Any other information you provide to use directly or indirectly through using or otherwise accessing the Services.
We may also collect information about you from other affiliated or third-party companies (including but not limited to publishing partners, platforms, advertising platforms and partners, and/or data aggregators), which may include attributes about you and your interests, as well as other services you use, demographic data, and general location information.
In addition, we also receive information about you from other sources, including but not limited to, other users of our Services, and third-party services and organizations. By way of example only, if you access any social media or similar service through the Services to login or to share information with others, we may collect such information.
We will use the information as described herein subject to any limitation this Policy sets forth, as well as any applicable law. Information collected from third-parties referenced herein 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 games and other features of our Services, engaging with other users through our social features, managing your account, and processing your payments, deposits, withdrawals, and/or other account activity;
· Communicating with you, including making suggestions and recommendations to you, sending you promotional materials from us or on a third-party’s behalf, and notifying you about changes to this Policy and/or relevant terms;
· Verifying your identity and information, such as when you register to play paid entry contests of skill or where otherwise appropriate;
· 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 Policy;
· Providing you relevant advertising, including advertising that you see while using the Services;
· 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 Policy and/or or other guidelines/rules; we may monitor chat, direct messaging, and other messages sent through the Services for these purposes; and
· 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 not be 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;
· Chat, 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. These features may enable other users to your username, avatar, scoring, and/or other gameplay-related information. Depending on your settings, other information in your profile may be shared 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), scores, 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 corporate 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 Sleeper, our affiliates, users, and/or the public; and
· 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.
· 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;
· Preference Cookies – These store information such as your preferred country and language selection, login data, and website preferences. Without them, our Services may not be able to remember certain choices you have previously made (such as a saved country or language preference) or personalize your browsing experience by providing you with relevant information. These can also be used to recognize your device so that you do not have to provide the same information more than once;
· 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 in order to provide advertising (on our Services and elsewhere) based on your on-line activities. We do not control the privacy practices of these third-parties, and said practices are not covered by this Policy.
Some mobile and web browsers transmit “do not track” signals. Because of differences in how web browsers incorporate and activate this features, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of their existence. We currently do not take action in response to such signals.
5. Your Rights and Choices.
· Access, Erasure, and Similar Rights. 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. Requests should be submitted in writing as set out below. 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. We may verify your request, such as by requesting additional information from you. You may be entitled, in accordance with applicable law, to submit a request through an authorized agent.
· E-mail Marketing Communications. 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 or a third-party’s behalf. If you do not want us to use you information in this way, please contact us at the information set out below.
· Choices Related to Tracking Technologies, Including for On-line Advertising. You have choices about the collection of your information regarding your use of our Services through Cookies and other tracking technologies, including by third-parties whose privacy practices we cannot control. By way of example only, you may be able to limit certain interest-based mobile advertising and/or reset your mobile advertising ID through the settings of your mobile device.
· Opting Out of Personal Advertising. Some of our third-party partners are members of the “Network Advertising Initiative.” This offers a single location to opt out of ad targeting from member companies. To learn more, please go here or here. For additional information on how Google processes your information what choices you may have, visit their site here. Due to differences between websites and mobile applications, you may need to take additional steps to opt out of interest-based advertising for mobile applications. Please check your device settings and mobile application permissions for additional information on how to opt out. You may also stop further data collection from a mobile application by removing it from your device. Lastly, you may also be able to control our collection and use of your location information through your mobile device and/or application settings.
6. International Transfers. By using our Services and providing us with information, you understand that your information is being collected and stored on, and may be transferred to, servers located outside your resident jurisdiction. We and many of our third-party vendors are based in the United States, and your information is being processed by us both here and in other jurisdictions where laws may not be equivalent to those where you reside. To the extent we disclose your information to third-party vendors, we use contractual safeguards to help ensure that such third-party vendors are bound to duties of confidentiality. Where local law permits, you are deemed to have consented to these data transfer practices through your use of the Services. If you do not consent to these data transfers practices, please do not use the Services.
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 100% 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. Jurisdiction-Specific Disclosures.
· California. This section supplements the description of our information collection and sharing practices elsewhere in this Policy to provide certain disclosures to California residents whose personal information we process pursuant to the California Consumer Privacy Act (the “CCPA”). Please note that these disclosures do not apply to information that is not processed under the CCPA. During the preceding twelve (12) months, Sleeper has collected, used, and shared the categories of personal information described herein. By way of example only, this may include identifiers (e.g. e-mail addresses, IP addresses, and/or mobile device identifiers), profile information, commercial information, geolocation information, and/or internet or other electronic network activity information. This may also include inferences we draw from the other information we collect (please see the Collection of Information, Use of Information and Purpose of Data Processing, Disclosure of Information and other relevant sections of this Policy for more details). Sleeper does not treat the sharing of your personal information as described herein as a “sale” of your information. Sleeper does permit third-parties to collect the information described herein through our services, which allow us, among other things, to provide advertising based on your on-line activities over time and across different sites, services, and/or devices. Please see the Your Rights and Choices section above for information on how to exercise your rights to access personal information under certain circumstances. Once we receive a request from you regarding your personal information, we may verify it by requesting additional information on your identity. If you would like to use an agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. Consistent with California law, if you choose to exercise certain rights and choices, we will not provide different quality Services unless otherwise permitted by law, although some of the functionality and features available within the Services may change or no longer be available to you.
· United Kingdom and European Economic Area (the “EEA”)
UK/EEA lawful basis for processing, including basis of legitimate interest
a) Performance of a contract with you; b) Necessity to comply with a legal obligation; c) Necessity for our legitimate interests (for instance, to keep our records updated)
To communicate with you; to make suggestions and recommendations to you; to send you promotional materials from us or on a third-party’s behalf; and to provide you relevant advertising.
Necessity for our legitimate interests (for instance, to grow our business).
To improve our Services and to ensure that content is presented in the most relevant and effective manner for you and for your device; to administer our Services, including troubleshooting, data analytics, testing, research, statistical and survey purposes; to keep our Services, business and users safe and secure; to comply with applicable laws and regulations; and to protect or exercise our legal rights or defend against legal claims.
a) Necessity for our legitimate interests (for instance, running and protecting our business; for provision of administration and other services; for network security and to prevent cybercrime and fraud; in the context of a business reorganization or group restructuring exercise; to study how people use our Services; to develop the Services; to keep our Services updated and relevant; and/or to grow our business and to inform our communications strategy); b) Necessity to comply with a legal obligation
Where legally required, and we have no other valid legal basis to process your information, we will obtain consent (by way of example, to provide you with marketing information or share information with third-parties), which may subsequently be withdrawn at any time by contacting us. Withdrawing consent does not affect the lawfulness of processing based on consent before it is withdrawn. Where we need to collect information by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to you with the Services or portions thereof. You may lodge a complaint with a supervisory authority if you believe our processing of your information is unlawful. Please submit any such requests by sending an e-mail to [email protected].