Privacy Notice to United States Residents

This Notice is incorporated into the Privacy Policy and includes additional information for residents of the United States regarding the collection and use of their Personal Data. The term “Personal Data,” as used in this Notice, means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” as defined under applicable data privacy laws, rules or regulations.

We reserve our rights to update this Notice from time to time, including to reflect changes in data privacy laws in the United States.

PERSONAL DATA

The following subsections detail the categories of Personal Data, including categories of sensitive personal information, that we collect and have collected over the past twelve (12) months. For each category of Personal Data, these subsections also set out the source of that Personal Data and our commercial or business purpose for collecting that Personal Data. More information regarding those sources and categories are set forth below. 

Categories of Personal Data We Collect

Our Commercial or Business Purposes for Collecting or Disclosing Personal Data

• Providing, Customizing and Improving the Services
  • Creating and managing your account with us
  • Processing orders or other transactions; billing.
  • Providing you with the products, services or information you request.
  • (in respect of athletes and/or sports professionals) use sports statistics, data and information which we collect to provide sports information and sports-related products and solutions to our Customers, Analytics Partners and Business Partners, ensure our sports data is maintained at the highest quality and accuracy, commercial research and statistical purposes, informing our AI capabilities, fan engagement and purposes which are related, similar or ancillary to the aforementioned purposes.
  • Carrying out know-your-client checks.
  • Meeting or fulfilling the reason you provided the information to us.
  • Providing support and assistance for our services.
  • Communicating with you regarding changes to our policies, other terms and other administrative information such as reminders, technical notices, updates and security alerts.
  • Improving the services, including testing, research, internal analytics and product development.
  • Personalizing the services, website content and communications based on your preferences.
  • Doing fraud protection, security and debugging.
  • Recruitment activities such as corresponding with you about the recruitment process, assessing your skills, qualifications and suitability for the work or role, carry out background and reference checks, where applicable, keep records related to our hiring process and comply with legal or regulatory requirements
  • Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the CCPA.
• Marketing the Services
  • Marketing and selling our services.
  • Showing you advertisements, including interest-based or online behavioral advertising.
• Corresponding with You
  • Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about us or the services.
  • Sending emails and other communications according to your preferences or that display content that we think will interest you.
• Meeting Legal Requirements and Enforcing Legal Terms
  • Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
  • Protecting the rights, property or safety of you, us or another party.
  • Enforcing any agreements with you.
  • Responding to claims that any posting or other content violates third-party rights.
  • Resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.

HOW WE DISCLOSE YOUR PERSONAL DATA

We disclose your Personal Data to the categories of service providers and other parties listed in this Notice, including those listed in this section, and in the “Who does Stats Perform share my personal information with?” section of the Stats Perform Website Privacy Notice. Depending on the state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

• Service Providers. These parties help us provide our services or perform business functions on our behalf. They include:
  • Hosting, technology and communication (e.g. email) providers.
  • Security and fraud prevention providers.
  • Support and customer service vendors.
  • Product fulfillment and delivery providers.
  • Background check providers
  • Payment processors.
  • Our payment processing partner  collects payment card information necessary to process our Customers’ payment.
• Advertising Partners. These parties help us market our services and provide you with other offers that may be of interest to you. They include:
  • Ad networks.
  • Data brokers.
  • Marketing providers.
• Analytics Partners. These parties provide analytics on web traffic or usage of our services. They include:
  • Companies that track how users found or were referred to our services.
  • Companies that track how users interact with our services.
• Business Partners. These parties partner with us in offering various services. They include:
  • Businesses that you have a relationship with.
  • Agencies that we work with
  • Companies that we partner with to offer joint promotional offers or opportunities.
• Parties You Authorize, Access or Authenticate
  • Third parties you access through the services.
  • Social media services.
  • Other users.
• Customers. These parties are our customers to which we provide our products and services and/or any licensees or recipients of our data products and services.

DATA RETENTION

We retain Personal Data about you for as long as necessary to provide you with our services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider the criteria described in the section in the main body of the Stats Perform Website Privacy Notice entitled “How Long We Retain Your Personal Information”, who we collected the data from and our need for the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

For example:

• We retain your profile information and credentials for as long as you have an account with us.
• We retain your payment data for as long as we need to process invoices.

CALIFORNIA RESIDENT RIGHTS

If you are a California resident, you have the rights set forth under the California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (the “CCPA”). Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ personnel employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

If there are any conflicts between this California Resident Rights part and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this part or whether any of the following rights apply to you, please contact us at privacy@statsperform.com.

Access

You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response, we will provide you with the following information:

• The categories of Personal Data that we have collected about you.
• The categories of sources from which that Personal Data was collected.
• The business or commercial purpose for collecting or selling your Personal Data.
• The categories of third parties with whom we have shared your Personal Data.
• The specific pieces of Personal Data that we have collected about you.

If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold or shared your Personal Data over the past 12 months, we will identify the categories of Personal Data sold or shared to each category of third party recipient.

Deletion

You have the right to request that we delete the Personal Data that we have collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the services or complete a transaction or other action you have requested, or if deletion of your Personal Data involves disproportionate effort. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Correction

You have the right to request that we correct any inaccurate Personal Data we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, if we decide, based on the totality of circumstances related to your Personal Data, that such data is correct. If your correction request is subject to one of these exceptions, we may deny your request.

Processing of Sensitive Personal Information Opt-Out

We collect Personal Data that is considered “Sensitive Personal Information” under the CCPA. To the extent we may use or disclose Sensitive Personal Information for purposes other than those set forth in section 7027(m) of the CCPA regulations, California residents may have the right to request that we limit the use or sharing of their Sensitive Personal Information (“Right to Limit”). Where it applies, the Right to Limit allows California residents to direct a business that collects Sensitive Personal Information to limit its use of this information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services, to perform the services set forth in paragraphs (2), (4), (5), and (8) of subdivision (e) of Section 1798.140, and as authorized in the CCPA regulations. You may exercise your Right to Limit by using the following methods:

• You can complete the online form found here: https://www.statsperform.com/legal/ccpa-request-form/ ; or
• Email us at privacy@statsperform.com

Personal Data Sales and Personal Data Sharing

In this section, we use the term ‘sell’ as it is defined in the CCPA. We sell your Personal Data, subject to your right to opt-out of these sales. Also, under the CCPA, California residents have certain rights when a business “shares” Personal Data with third parties for purposes of cross-contextual behavioral advertising.

As described in our Cookie Notice, we have incorporated Cookies from certain third parties into our services. These Cookies allow those third parties to receive information about your activity on our services that is associated with your browser or device. Those third parties may use that data to serve you relevant ads on our services or on other websites you visit. Under the CCPA, sharing your data through third party Cookies for online advertising may be considered a “sale” of information.  In addition, under the CCPA, making your data available through third party Cookies for online advertising may be considered ”sharing” Personal Data. You can opt-out of data selling and/or sharing by following the instructions in this section.

We may sell your Personal Data to, and/or share your Personal Data with, the following categories of third parties:

• Ad Networks.
• Data brokers.
• Marketing providers (including for cross-contextual behavioral advertising purposes).
• Customers, Analytics Partners and Business Partners (in respect of Sports Data)

We have sold the foregoing categories of Personal Data for the following business or commercial purposes:

• Improving the services, including testing research, internal analytics and product development.
• Personalizing the services, website content and communications based on your preferences
• To provide sports information to our Customers, Analytics Partners and Business Partners
• Doing fraud protection, security and debugging.
• Marketing and selling the services.
• Showing you advertisements, including interest-based or online behavioral advertising.

Personal Data Sales and Sharing Opt-Out and Opt-In

You have the right to opt-out of the sale or sharing of your Personal Data. You can opt-out using the following methods:

• You can complete the online form found here: https://www.statsperform.com/legal/ccpa-request-form/
• Email us at privacy@statsperform.com

Once you have submitted an opt-out request, we will not ask you to reauthorize the sale and/or sharing of your Personal Data for at least 12 months.

To our knowledge, we do not sell or share for the purposes of cross-contextual behavioral advertising the Personal Data of minors under 16 years of age.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.