Privacy Policy
Effective Date: August 18, 2021
1. Introduction
1.1 FanDuel, Inc. (“FanDuel”, “we”, “us” or “our”) recognizes that people who use FanDuel’s services (“you” or “users”) value their privacy. This Privacy Policy details important information regarding the collection, use and disclosure of user information specifically collected on FanDuel’s mobile application called “FanDuel FanFest App” (the “App”), as well as any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by FanDuel or its affiliate companies in connection with the App (collectively with the App, the “Service”). If you do not agree to the terms of this Privacy Policy, please do not provide us with any information and do not use the Service. For clarity, this Privacy Policy is not a contract with you and does not apply to FanDuel’s website at fanduel.com or its other websites and mobile apps. Please visit fanduel.com for more information about our information collection, use, and disclosure practices for those services.
1.2 This Privacy Policy should be read in conjunction with our App’s Terms of Use. By accessing the Service, you are consenting to the information collection and use practices described in this Privacy Policy.
1.3 Your use of the Service, including any information you provide through the Service, remains subject to the terms of this Privacy Policy and our Terms of Use, as each may be updated from time to time.
1.4 Any questions, comments or complaints that you might have should be emailed to privacy@fanduel.com or forwarded in writing to:
FanDuel, Inc. 300 Park Avenue South, 14th Fl. New York, NY 10010 Attn: Legal Department
2. Information We Collect
By using our Service and by submitting information to us through your use of our Service then this Privacy Policy will apply. You provide certain personal information to FanDuel when choosing to participate in the various activities on the Service such as signing-up to attend an event, registering for an account, participating in contests, posting messages, taking advantage of promotions, responding to surveys or subscribing to newsletters or other mailing lists. The personal information we collect from you generally may include:
2.1 your full name;
2.1.1 home street address;
2.1.2 home or mobile telephone number;
2.1.3 email address;
2.1.4 date of birth and age ranges;
2.1.5 username;
2.1.6 location;
2.1.7 your preferences;
2.1.8 your interests and likes;
2.1.9 communications sent to us by you;
2.1.10 device and usage data, including IP address, Mac address, device identifier, browser fingerprint, and carrier identifier; and
2.1.11 any other information you submit to FanDuel when choosing to participate in various activities, such as promotions, available on the Service.
2.2 When you use our the App, we also may collect mobile device information like operating system and hardware type, numbers or codes that are unique to your particular device (such as IDFA or an Android Ad ID), device information, default device language, the location of your device (at a GPS level), and app usage information. This data also may be linked to your other information, including your location data.
2.3 Cookies Information: A cookie is a data file placed on a device when it is used to visit the Service. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device until you delete them) to provide you with a more personal and interactive experience on our Service.
2.4 Log File Information: When you use our Service, our servers may automatically record certain information that your device sends whenever you visit the App. These server logs may include information such as your App request, Internet Protocol (“IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
2.5 FanDuel may also collect information about you from third parties, such as marketing partners, identity verification services, anti-fraud services and other service providers.
3. The Way FanDuel Uses Your Information
3.1 We use your information to operate, maintain, and provide to you the features and functionality of the Service, including, but not limited to, the following:
3.1.1 Providing you with access to our events;
3.1.2 providing you with our products and services, including our games, promotions and giveaways;
3.1.3 processing your transactions, such as if you purchase products, services or food at an event;
3.1.4 provide interactive game statistics;
3.1.5 to enable you to participate in a variety of the Service’s features such as to enable you to participate in online surveys, entry sweepstakes, contests or other promotions;
3.1.6 to verify your identity, including your accounts on the Service;
3.1.7 processing and responding to your enquiries;
3.1.8 personalizing your experience on the Service or to serve you specific content or ads that we believe are relevant to you;
3.1.9 to improve the Services, marketing endeavors or our product and service offerings;
3.1.10 to offer location-based services;
3.1.11 to identify you as a customer and to identify your preferences, including providing personalized content and ads and informing you of new or additional products, services or promotions that may be of interest to you;
3.1.12 to contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or Services policies;
3.1.13 to measure and analyze audience traffic and to improve the overall experience at the Services and our merchandise and services;
3.1.14 to develop aggregated data, analytics and statistics;
3.1.15 to comply with our legal and regulatory obligations;
3.1.16 for internal business purposes; and
3.1.17 enforcing the legal terms that govern your use of the Service; and
3.1.18 investigating and protecting the integrity of FanDuel’s games, promotions and giveaways.
3.2 We may use your information (both personal and non-personal information) to send you marketing and advertising content, including sending you advertising through multiple channels, such as direct mail, email, push notifications and display media. We may send you advertising or content regarding our products and services, or products and services that we market on behalf of another company, such as a sports team, a sports venue, or other entity.
3.3 We may use your information to communicate with you about:
3.3.1 our products and services in which you may be interested provided that you have not requested otherwise;
3.3.2 newsletters and information for which you have signed up; and
3.3.3 non-marketing or administrative purposes (such as notifying you of major changes to the Service or for customer service purposes).
3.3 We use your information to improve the quality and design of our Service and to create new features, promotions, functionality, and services such as by storing, tracking, and analyzing user preferences and trends.
3.4 We also use cookies, clear gifs, log file information, and mobile app information such as device identifiers for purposes such as: (a) remembering information so that you will not have to re-enter it during your visit or the next time you visit our Service; (b) providing custom, personalized content and information; (c) monitoring the effectiveness of our marketing campaigns; (d) monitoring aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) tracking your entries, submissions, and status in promotions, sweepstakes, and contests. You can learn more about how these technologies are used in the “Analytics” Section below.
3.5 We may anonymize, de-identify, or aggregate your information for any legitimate business purposes, including for reporting and research, or advertising. Such anonymized and/or aggregated data does not personally identify you. Sometimes, this information may be used to target more relevant content or offers to you across different devices – for instance, we may provide you with offers and content on your mobile device, based on your web-based activity.
3.6 We will retain personal information as long as necessary to fulfill these purposes unless the law requires us to keep it for a longer period of time. To provide security and business continuity for the activities described here, we make backups of certain data, which we may retain for longer than the original data.
4. When FanDuel Discloses Information
4.1 We may disclose the information we collect or receive from you to our subsidiaries, affiliated companies, agents, or other businesses, or service providers who process your information on our behalf in order to provide or operate the Service. For instance, these entities may have access to your information for purposes including (but not limited to) billing and accounting, hosting, marketing, promotional and email services, customer and technical support, and for the purpose of accepting deposits and paying withdrawals and processing such information on our behalf, and in each case, may use the information to make improvements to the services they provide to us. Our agreements with these service providers limit the kinds of information they can use or process and require them to use reasonable efforts to keep your personal information secure.
4.2 In the event that you win a prize we may use your personal information (such as your name and email) in order to notify you or in connection with publicity purposes.
4.3 In the event that you win a promotion administered by us, we may be required to either publish or make available upon request your name, address, phone number and county in accordance with applicable legislation.
4.4 When you participate in a contest, we may publish your username on a list of the contest participants, along with a link to your profile page.
4.5 Where you have provided your consent, we may share your personal information with selected third parties for their commercial or marketing use in conjunction with your relationship with FanDuel or as part of a specific program or feature.
4.6 FanDuel also reserves the right to disclose personal information that FanDuel believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions against liability or harm, to investigate and respond to third-party claims or allegations, to respond to court orders or official requests, to comply with state and federal regulations, including, but not limited to, sharing with appropriate tax authorities, to protect the security or integrity of our Service, to report violations of FanDuel’s eligibility rules to third parties, including employers of individuals affiliated with other daily fantasy sites, and to protect the rights, property, or safety of FanDuel, our users or others.
4.7 In the event that FanDuel is involved in a merger, acquisition, sale, bankruptcy, insolvency, reorganization, receivership, assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, or other change of control, there may be a disclosure of your personal information to another entity related to such event.
4.8 Recipients of the data disclosures described in this Privacy Policy are located in the United States and elsewhere in the world, including where privacy laws may not provide as much protection as your country.
5. Legal Bases for Processing Personal Data
5.1 Some laws require companies to tell you about the legal grounds they rely on to process your personal information. To the extent those laws apply, we process your personal information:
5.1.1 Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests’ in commercial activities such as the following in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:
(a) Customer service
(b) Marketing
(c) Protecting our players, personnel and property
(d) Analyzing and improving our business
(e) Processing job applications
(f) Managing legal issues
5.1.2 We may also process personal data for the legitimate interests of our affiliates or business partners, such as to offer special events or contests or assist with marketing.
5.1.3 Processing for the contract: Some of our processing of personal data is to meet our contractual obligations with our players.
5.1.4 Consent: Where required by law, and in some other cases, we handle personal data on the basis of your implied or express consent.
5.1.5 Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.
6. Your Choices
6.1 FanDuel will process your personal information in accordance with this Privacy Policy, and as part of that FanDuel provides you with certain choices about how we process your personal information. These choices are set out below.
6.2 You can access and update certain personal information FanDuel holds about you at any time by logging into your account via the Service. You can update your marketing preferences and whether or not you would like us to send you newsletters in your account. You can also unsubscribe to marketing emails and newsletters by using the 'unsubscribe' feature in the communication.
6.3 We may occasionally send you push notifications to your mobile device, consistent with your opt-in to receiving such notifications upon your initial installation and use of the App. If you have previously opted in to push notifications but wish to opt-out, you can turn off certain push notifications in the account settings of your FanDuel mobile app. You can also turn off push notifications specific to our Service in the settings on your iOS device, or through the application manager in your Android device.
7. Analytics
7.1 We may use third-party Service Providers to monitor and analyze the use of our Service. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en.
7.2 At this time our Service does not recognize and change our tracking practices in response to automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions. Our third party partners, such as web analytics companies, collect information about your online activities over time and across our Service and other online properties. These third parties may not change their tracking practices in response to “Do Not Track” settings in your web browser and we do not obligate these parties to do so. We utilize third party service providers for web analytics on the Service, including Google Analytics. To opt out of your usage of our Service being recorded by Google Analytics, you may follow the instructions at https://tools.google.com/dlpage/gaoptout.
8. Information Security
8.1 We are committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure.
8.2 Whilst neither we, nor any other organization, can guarantee the security of information processed online, we do have appropriate security measures in place to protect your personal information. For example, we store the personal information you provide on computer systems with limited access that are located in facilities to which access is limited.
8.3 To further protect your privacy and security, we reserve the right to take reasonable steps (such as requesting your password) to verify your identity before granting you profile access or making corrections.
8.4 Additionally, you should ensure your password is kept secret at all times. You will be responsible for maintaining the secrecy of your password and account information.
9. State-Specific Privacy Rights
9.1 Shine the Light Disclosures. If you reside in California, you may request certain general information regarding our disclosure of personal information during the preceding year to third parties for their direct marketing purposes. To make such a request, please write to us at the following address:
FanDuel Inc 300 Park Avenue South, 14th Fl. New York, NY 10005.
9.2 California Consumer Privacy Act. If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
Categories of personal information we collect. Throughout this Privacy Policy, we discuss in detail the specific pieces of personal information we collect from and about users. Under the CCPA, we are also required to provide you with the “categories” of personal information we collect. The categories we may collect are: identifiers (such as name, address, email address); commercial information (such as items purchased or considered); internet or other network or device activity (such as browsing history or Service usage); geolocation information (e.g., your city and state based on IP address); audio or visual information (e.g., your photograph, or if you participate in a customer support call and do not opt out of call recording); in certain circumstances, information used to manage potential fraud or legal risk (such as employment status and criminal history); characteristics of protected classifications (such as age, date of birth, and interests); and inference data about you based on collected personal information.
How we use and disclose these categories of personal information. We use and disclose the categories of personal information we collect from and about you consistent with the various business purposes we discuss throughout this Policy, and how you engage with the Service. Please see the relevant section(s) above for more information.
9.3 Your California Privacy Rights CCPA Rights Disclosure. If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request:
- Information about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information. Such information is also set forth in this Privacy Policy.
- Provide access to and/or a copy of certain information we hold about you.
- Delete certain information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information or to comply with a legal obligation. We will let you know where this is the case or if certain rights don’t apply in your country or state of residence. We also will take reasonable steps to verify your identity before responding to a request, which might include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, and date of birth. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such request or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request.
Additionally, exercising your deletion right may mean that you may no longer be able to use the Service.
If you would like further information regarding your legal rights under California law or would like to exercise any of them, please contact us at 800-475-2250 or via our web form here.
9.4 Notice of Right to Opt-Out of Sale of Personal Information California residents may opt out of the “sale” of their personal information. California law broadly defines “sale” in a way that includes when we share your information with third parties, such as sports leagues or teams, to provide you with offers and promotions that we believe may be of interest to you.
We may provide the following categories of information to third parties for these purposes:
- For sharing with third parties to send you relevant offers and promotions: contact and account registration information; demographic and statistical information, user-generated content, and geolocation.
10. International Data Transfers
THE SERVICE IS ONLY INTENDED FOR RESIDENTS OF THE UNITED STATES. FanDuel is located in the United States. If you choose to provide us with information, please understand that your personal information may be transferred to the U.S. and that we may transfer that information to our affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the EU or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal information to the U.S. and other jurisdictions which may not have the same data protection laws as the EU. We have a policy of putting in place operational, procedural and technical measures designed to protect sensitive personal information. You acknowledge and understand that by providing your personal information: (i) your personal information will be used for the uses identified above in accordance with this Privacy Policy; and (ii) your personal information may be transferred to the U.S. and other jurisdictions as indicated above.
11. Collection and Use of Information From Children
The Service is not intended for anyone under the age of eighteen (18). The Service is for a general audience and we do not knowingly collect any personal information from children younger than the age of thirteen (13) as required by U.S. law. We will delete any personal information collected that we later determine to be from a user younger than the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personal information to us, please contact us via email at privacy@fanduel.com.
12. Third-Party Services and Links
The Service may contain links, banners, widgets or advertisements that lead to other sites and online properties. We are not responsible for the privacy practices or content of such other sites. Once you leave the Service or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy and the third-party’s posted privacy policies will govern instead.
13. Changes and Updates
13.1 This Privacy Policy may be revised periodically and this will be reflected by the "Last update posted" date above. Please revisit this page to stay aware of any changes. If a revision to this Privacy Policy, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account.
13.2 Contact Information: Please contact FanDuel with any questions or comments about this Privacy Policy by emailing privacy@fanduel.com.