EFFECTIVE DATE: October 17, 2018
ONLINE PRIVACY STATEMENT
A. Scope of Policy
The Pacers Family includes Pacers Basketball, LLC d/b/a Indiana Pacers and Pacers Sports & Entertainment, Fever Basketball, LLC d/b/a Indiana Fever, Pacers Basketball Development, LLC d/b/a Fort Wayne Mad Ants, and Pacers ESports, LLC d/b/a Pacers Gaming (collectively the “Pacers Family,” “we,” “us,” “our” and “ours”).
Before accessing, using, or interacting with the Services you should carefully review the terms and conditions of this Privacy Notice. Your use of certain Services may also be further governed by a Terms of Service where provided via the Service, which are also incorporated into your agreement by this reference.
2. Privacy Notices
This Policy includes any separate privacy notices and/or notices posted on particular pages of the Services that may provide more detail regarding the Personal Information we collect on those pages, why we need that information, and choices you may have about the ways we use that information.
3. Other Agreements
When you sign up to use a special feature of the Services, you may be asked to expressly consent to special terms, for example, by checking a box or clicking on a button marked, “I agree.” This separate agreement will supplement or amend this Policy, but only with respect to the matters governed by such separate agreement.
B. Information We Collect
The Pacers Family collects information about you and your use of the Services through various means, including when you provide information to us and when we automatically collect information about you when you access, use, or interact with the Services. Such processing is performed to provide you with the Services. In some instances, you may be able to choose what information to provide, but sometimes certain information is necessary for us to provide you the Services.
Where we process your information on the basis of consent, we will clearly obtain your opt-in consent. Where given, you may withdraw your consent at any time by contacting us at Data@pacers.com. Where we process your information on the basis of legitimate interests, we do so where the processing is necessary for your legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect your personal data which overrides those legitimate interests.
The types of information the Pacers Family may collect about you include:
- Data that you provide directly when you register for, or use, the Services. This data will vary, but typically consists of name, email address, postal address, phone number and other similar contact data. We also receive data from the communications you send to us, such as customer service inquiries, product reviews and other feedback regarding the Services.
- User credentials, such as username, password, password hints and similar security information used to create an account and authenticate users of the Services.
- Demographic data, such as age, gender, country and language preference.
- Payment data, such as credit card information and billing address.
- Device data, such as type of device, operating system and other software installed on the device, device settings, IP address, device identifiers and error reports.
- Usage data, such as the programs and features you access, items you purchase, and the timing, frequency and duration of your interactions through the Services.
- Location data, such as IP addresses received from your device.
- Information about your interests and preferences, such as your favorite teams and players, your home city or your communications preferences. In addition to what you provide directly, we may infer your interests and preferences from other data we collect, such as the content and advertisements you interact with while using the Services.
- Third party integrations. If you connect your use of the Services through a third party service (e.g., a social media platform), the third party may share certain information from your third party account with us.
- Other third party data, such as data from our affiliates, partners or vendors, data brokers or public sources.
- Information automatically sent by your web browser, including your IP address (identifies your computer’s “location” and may be linked to account information that identifies you personally), the identity of your Internet service provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit, which collection you may control by changing the settings in your web browser
C. How We Use Information We Collect and Receive
We use the data we collect for the following purposes:
- Operating our business. We use the data we collect to operate our business, including providing and improving the Services. Specifically:
- To fulfill transactions that you request.
- To deliver location-based Services and comply with territorial restrictions.
- To diagnose and fix problems with the Services and providing other customer support services.
- For analytical purposes to better understand our fans and how they use the Services, which allows us to continually improve and assess the Services.
- To build predictive models, which allow us to tailor the Services based on the data we have about how our fans use the Services.
- Communicating with you. We use the data we collect to communicate with you, including responding to your requests or inquiries. Specifically:
- To respond to your request if you contact us with a question or concern.
- To provide information about your account, your use of the Services or other transactions that you request.
- To deliver news, updates and other types of communications, according to your subscriptions, alerts and other preferences.
- Marketing and advertising. We use the data we collect for marketing or advertising purposes, on behalf of ourselves, as well as our partners and other parties. Specifically:
- To send you promotional messages and deliver advertisements about products, services, programs or events that may be of interest to you. These may be offered by, or on behalf of, the Pacers Family, or by our partners and other third parties with whom we have a relationship.
The promotional messages and advertisements that you see may be determined by data that we collect or receive about you, such as your demographic data, location data, usage data, interests and preferences. We refer to this as “interest-based advertising”.
- Security, compliance and enforcement. We use the data we collect for security, compliance and enforcement purposes. Specifically:
- To protect the safety and security of our fans and our Services.
- To detect and prevent abuse, fraud or other unlawful or unauthorized activities.
- To resolve disputes.
- To enforce our agreements, including our policies and terms of service that govern your use of the Services.
- Providing the Services. We sometimes engage or partner with other companies to operate the Services or perform certain functions on our behalf – for example, maintaining our fan database, delivering messages and advertising, operating our websites and digital platforms. We may provide these companies with access to your data as needed for them to perform these functions in a manner consistent with this Policy.
- Among the Pacers Family. We share personal data among the companies within the Pacers Family for purposes consistent with this Policy.
- Among the NBA Family. We may share personal information collected through the Services with our “NBA Family,” including without limitation Turner Digital Basketball Services, Inc., the National Basketball Association, NBA Properties, Inc., NBA Entertainment, Inc., NBA Media Ventures, LLC, the Women’s National Basketball Association, WNBA Enterprises, LLC, NBA Development League, LLC, the NBA 2K League, each NBA, WNBA, D-League and NBA 2K League team (including but not limited to the Indiana Pacers, Indiana Fever, Fort Wayne Mad Ants and Pacers Gaming) and each of their respective parents, subsidiaries, affiliates and related entities.
- Third party vendors. We work with a number of third parties to operate the Services. When we engage third parties in connection with operating the Services, those third parties may only collect, use or access your data as needed for them to perform these functions. We may share personal information collected through the Services with third-party vendors who act for or on our behalf. For example, we may share personal information with companies that provide credit card verification services and web hosting services, or with third parties we have engaged to operate portions of the Services and/or to customize, measure and analyze use of our Services so that we can modify and/or improve our content and services. These third-party vendors may need information about you to perform their functions.
- Advertisers and sponsors. We may also share personal information with third party advertisers and business partners (such as our Pacers Family corporate sponsors) with products and services which may be of interest to you.
- As part of a change in business structure. In the event of a sale, merger, acquisition, reorganization or similar event, or in contemplation of such an event (e.g., due diligence), your data may be among the transferred assets.
- When necessary under certain circumstances. We may disclose your personal data when we believe that disclosure is necessary to:
- Comply with applicable law or respond to valid legal process.
- Protect the safety and security of our fans or our Services.
- Prevent fraud, abuse or other unlawful or unauthorized activities.
- Protect the rights or property of us or third parties, including enforcing the terms of our agreements.
- Cookies. Cookies are small text files that are unique to your device or browser. They can either be session-based (i.e., lasting only while your browser is open and automatically deleted when you close your browser) or persistent (i.e., lasting until you delete them or they expire).
- Locally stored objects. Locally stored objects (“LSOs”), also commonly called “Flash cookies,” are stored on your device or browser to provide Services that use Adobe Flash technology.
- Web beacons. “Web beacons” or clear GIFs are small pieces of code placed on a Service to collect data about users of that Service.
- Software development kits. Mobile Software Development Kits (“SDKs”) are bits of computer code used by mobile app developers to enable or enhance various features of a mobile app. For example, an app developer may include an SDK within a mobile app that enables advertisements to be shown, data to be collected, and related services or analytics to be performed in connection with the mobile app.
- Sign-in/authentication. When you sign into your account to use the Services, we use Tracking Technologies to store your sign-in information. This allows the Services to remember your user preferences and give you a more tailored experience based on those preferences. It also allows you to use the Services without having to sign-in on each page or each time you return.
- Security. We use Tracking Technologies to help detect fraud and abuse of the Services, including attempts to access the Services without authorization.
- Analytics. We use Tracking Technologies to gather usage and performance data about the Services, including counting the number of unique visitors to a particular Service.
- Advertising. We use Tracking Technologies to track how many users have seen or clicked on an advertisement. This allows us to learn which advertising campaigns are most effective and also to help limit the number of times a user is shown the same advertisement.
- Interest-based advertising. We use Tracking Technologies to collect information about your interests so that we can deliver advertising that is most relevant to your interests.
- Tailoring the Services. We use Tracking Technologies to collect information about how you use the Services so that we can tailor your experience based on what is most relevant to your interests.
- For Flash cookies, you can access Flash management tools from Adobe’s website. In addition, some, but not all, browsers provide the ability to remove LSOs within cookie and privacy settings.
- You may opt out of receiving interest-based advertising on websites by visiting our Ad Choices page.
- You may opt out of interest-based advertising from companies that participate in the Digital Advertising Alliance (“DAA”) by visiting their website.
- You may opt out of interest-based advertising from companies that participate in the Network Advertising Initiative by visiting their website.
- Finally, you may opt-out of interest-based advertising by adjusting your device or browser settings.
We may also use your data in any other manner as disclosed at the time of collection, or when we have otherwise obtained consent. Please also note that this Policy is not intended to place any limits on what we do with aggregated, pseudonymized or anonymized data.
D. How We Share and Disclose Information
There are times when the data we collect may be shared by the Pacers Family. We share your data for the following purposes:
We may also share your data for any other purpose as disclosed at the time of collection, or when we have otherwise obtained consent. Please note that this Policy is not intended to limit our ability to share or disclose aggregated, pseudonymized or anonymized data.
E. Cookies and Similar Technologies
1. Tracking Technologies
We use Tracking Technologies for the following purposes:
In some cases, we may work with third parties (for example, third party operators of the Services) to synchronize our unique, anonymous identifiers (such as those associated with Tracking Technologies) with the third party’s own identifiers. This enables us to better achieve each of the purposes described above.
2. Managing Tracking Technologies
Most web browsers give you the ability to manage Tracking Technologies used on a website, including blocking or deleting them. Please note that if you choose to block Tracking Technologies, you may not be able to use certain features that depend on those Tracking Technologies (such as keeping you signed in or remembering your preferences). If you choose to delete Tracking Technologies, any settings and preferences that were associated with those Tracking Technologies will also be deleted and may need to be reset.
You also have the following options to manage Tracking Technologies and opt out of interest-based advertising:
Please note that opting out of interest-based advertising does not mean you will stop seeing, or see fewer, advertisements. It does, however, mean that the advertisements you do see will not be interest-based and may be less relevant to your interests.
F. Your Rights and Choices
1. Your Rights
The Pacers Family seeks to ensure all individuals are provided with the rights mandated by their governing jurisdiction. Not all of the rights discussed in this Privacy Notice will apply to each individual data subject and may not apply to you depending upon your jurisdiction. You can contact us at Data@pacers.com to learn more about your information in connection with the Services.
You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so by contacting us. Upon request, the Pacers Family will provide you with information about whether we hold any of your personal information. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format.
We adhere to applicable data protection laws in the European Union (“EU”). In accordance with the General Data Protection Regulation (“GDPR”), to the extent that such rights are mandated by the laws applicable to the individual data subject, the following rights may apply to users who are located in the EU: the right to access (GDPR, Article 15); the right to rectification (GDPR, Article16); the right to erasure (GDPR, Article 17); the right to restrict processing (GDPR, Articles 18); the right of object (GDPR, Article 21); and if applicable, the right to data portability (GDPR, Article 20). You may also have a right to lodge a complaint with an appropriate data privacy regulatory authority (GDPR, Article 77).
Where you have provided consent to certain data processing, you have the right to withdraw that consent at any time by contacting the Pacers Family at: Data@pacers.com. A withdrawal of consent will not affect the validity of our use of your personal data up until the point you have withdrawn your consent.
If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may contact us using the information above.
2. Access To The Information the Pacers Family Has Collected About You
The Pacers Family provide tools and settings within certain Services to help you access, correct, delete, or modify your personal information associated with the Services. If you cannot locate tools and settings with the Services to help you with these tasks, please contact us at Data@pacers.com and we will be happy to assist you. The Pacers Family also welcomes you to contact us at Data@pacers.com regarding the information we have collected about you, including regarding the nature and accuracy of the data that has been collected about you, to request an update, modification, or deletion of your information, to opt-out of certain Services uses of your information, or to withdraw any consent you may have granted to the Pacers Family.
Please note requests to delete or remove your information do not necessarily ensure complete or comprehensive removal of the content or information posted, and removed information may persist in backup copies indefinitely. Please note that if you choose to delete your information or opt-out of the collection and use of your information, you understand that certain features, including but not limited to access to the Services, may no longer be available to you.
3. Data Retention
4. Opting-Out Of Communications
You can choose whether you wish to receive promotional messages from the NBA and which types of messages you wish to receive. Users may opt-out of receiving certain communications from the Pacers Family by following the unsubscribe process described in an email communication, or by contacting us using the contact information provided above. However, please note you may not opt-out of certain Services-related communications, such as account verification, changes or updates to features of the Services, or technical and security notices.
5. Advertising Choices
You can opt out of interest-based advertising as described in this section and in the “Cookies and Similar Technologies” section of this Policy. When you opt out, your selection is stored on a cookie on your device. If you delete the cookie from that device or sign in from a different device, you will need to opt out again.
Because the data used for interest-based advertising is also used for other necessary purposes (including providing the Services and for authentication and security purposes), opting out of interest-based advertising does not stop the data from being collected nor reduce the number of advertisements you will see. However, the data will not be used for interest-based advertising, which means the advertisements you do see may be less relevant to you.
When using a mobile application, you may receive interest-based in-application advertisements. Depending on your device, you may be able to reset your mobile device’s advertising identifier at any time by accessing the privacy settings on your device. In addition, each operating system (e.g., iOS for Apple devices, Android for Android devices and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of interest-based in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating system in order to opt-out of interest-based in-application advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact (or review the applicable privacy web page of) the applicable platform operator.5. Do Not Track
The Pacers Family does not currently employ a process for automatically responding to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. Per industry standards, third parties may be able to collect information, including personal data, about your online activities over time and across different websites or online services when you use Services. You may opt out of online behavioral ads at http://www.aboutads.info/choices/. You also may limit certain tracking by disabling cookies in your web browser.
6. Access to the Services from Outside the United States
The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws relating to privacy and data protection. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the United States, it may be accessed by government authorities in accordance with U.S. law.
Please be advised information the Pacers Family collects about you via the Services may be transferred, processed and/or accessed by us in the United States, or another country where we, or our service providers operate. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. If you are located outside the United States and choose to allow us to collect information about you, please be aware that the Pacers Family may transfer your personal data to the United States and process and store it there. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information, and we will take steps to ensure that your personal information continues to enjoy appropriate protections.
G. Information Security
The security of your personal information is important to us. The Pacers Family takes reasonable efforts to secure and protect the privacy, accuracy, and reliability of your information and to protect it from loss, misuse, unauthorized access, disclosure, alteration and destruction. The Pacers Family implements security measures as we deem appropriate and consistent with industry standards. As no data security protocol is impenetrable, the Pacers Family cannot guarantee the security of our systems or databases, nor can we guarantee that personal information we collect about you will not be breached, intercepted, destroyed, accessed, or otherwise disclosed without authorization. Accordingly, any information you transfer to or from Services are provided at your own risk.
Please do your part to help us keep your information secure. Certain Services information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password or account. The Pacers Family specifically reserves the right to terminate your access to the Services and any contract you have with the Pacers Family related to the Services in the event it learns or suspects you have disclosed your account or password information to an unauthorized third party.
H. Children Under the Age of Thirteen
The Services are not intended for children under the age of 13. Pursuant to the Children’s Online Privacy Protection Act, we do not knowingly collect, use or disclose Personal Information from or about visitors to our Services under 13 years of age. If you are under the age of 13, you can use this service only in conjunction with your parent’s or guardian’s permission. Only visitors who are 18 years of age or older may purchase products from, participate in activities offered on, register or create an account or profile, or otherwise use the services on our Services.
If you have reason to believe that a child under the age of 13 has provided personal data to us without parental consent, please contact us and we will endeavor to delete that data from our systems.
For children located in jurisdictions within the EU, we comply with age limits applicable in each Member State. In these instances, the references above to the age of 13 will be deemed to be references to the age limits applicable in each Member State. Where this Policy refers to consent, this will require the consent of a parent or legal guardian in relation to any person under the age limits applicable in each Member State.
I. Choice of Law/Jurisdiction
You agree that any dispute over this Policy will be brought in a court of competent jurisdiction in Marion County, Indiana and that this Policy shall be governed by Indiana law without regard to its internal rules on the conflicts of laws. Jurisdiction for any claims arising under this Policy shall lie exclusively with the state or federal courts in Indianapolis, Indiana.
Without limiting anything set out elsewhere in this Policy, we may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. We assume no obligation to inform you that your information has been disclosed, and, in some cases, may be prohibited by law from providing such notice.
Under California Civil Code Section 1798.83 (known as the “Shine the Light” law), the Pacers Family Services users and customers who are residents of California may request certain information about our disclosure of personal information during the prior calendar year to third parties for their direct marketing purposes. To make such a request, please write to us at the address below or at email@example.com or write to us at 125 South Pennsylvania Street, Indianapolis, Indiana 46204, Attn: SVP/General Counsel with “Request for California Privacy Information” on the subject line and in the body of your message. We will comply with your request within thirty (30) days or as otherwise required by the statute. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
K. Changes to Our Policy
L. Contact Us
If you have any questions about this Privacy Statement, or to exercise or learn more about your opt-out options described herein, please contact us at Data@pacers.com or 125 South Pennsylvania Street, Indianapolis, Indiana 46204, Attn: SVP/General Counsel.