Privacy Notice

LAST UPDATED: 19 December 2017

DRAFTKINGS AU privacy policy

Our Commitment to Privacy

Your privacy is important to us. DraftKings Australia Pty Limited ("DK", "we", "us", "our" or "Company") owns and operates the website Draftkings.com ("Website") and the mobile application ("Application") (together, the "Sites"). DK has prepared this policy to describe to you our practices regarding the personal information we collect from users of our Sites, participants in our fantasy sports contests ("Contests"), other content, products, services, and promotions (collectively the "Services") website located at www.draftkings.com (the "Website"), our mobile application ("Application") (together the "Sites"), and our online fantasy sports related services available through the Sites and the Application ("Services"). This policy does not apply to websites, applications or services that do not display or link to this policy or that display or link to different privacy policies.

The Information We Collect

Information You Provide to Us

  • We may collect personal information from you, such as your first and last name, location, email address, username and password, and the State or Territory of Australia in which you reside when you create an account to log in to our network ("Account").
  • When you request Services on our Sites, open an Account, or deposit or withdraw funds from your Account, or use our Sites for any reason, we may collect information you provide, including as necessary to complete the transaction, including your name, address, phone number, credit card information and billing information.
  • If you use our Application on your mobile device, we may collect your phone number and unique device ID number.
  • If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.
  • We will collect your profile photo and user name that you upload to your public profile page ("Profile"). When you participate in any contest, game or other fantasy sports related contest on the Services (each a "Contest"), other participants in the Contest (each, a "Player") will be able to see the information in your Profile.
  • If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to verify for eligibility to enter certain Contests and for fraud prevention purposes.
  • When you participate in one of our surveys, we may collect additional profile information.
  • If you participate in a Contest or a promotion conducted on our Sites, we may ask you for your email address and/or home number (to notify you whether you win or not). We may also ask for your first and last names, and address details to verify your identity. In some situations we may need additional information in connection with the Contest or promotion. We recommend that you read the rules for any promotion or Contest in which you participate.
  • We may also collect information at other points in our Sites and Services where it is clear we are collecting such information.
  • Where practicable, we will allow you to deal with us on an anonymous basis or using a pseudonym. However, if you do not provide us with the personal information we need, we may be unable to, for example, process your application to open an account, enable you to participate in the full range of services we offer, or provide you with the services you require.

Information Collected via Technology

  • Information Collected by Our Services

    To make our Sites and Services more useful to you, our Sites automatically track certain information about the visits to our Sites, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, clickstream data, referring/exit pages, and/or a date/time stamp for your visit. We use this information to analyse trends, administer the Sites, gather demographic information about our user base as a whole, and to improve our Sites and Services and for product development purposes. For example, some of the information may be collected so that when you visit the Sites or Services again, it will recognise you and the information appropriate to your interests.

  • Cookies

    Like many online services, we use cookies to collect information. "Cookies" are small pieces of information that a website sends to your computer??Ts hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Sites. This type of information is collected to make the Sites and Services more useful to you and to tailor your experience with us to meet your special interests and expectations.

  • Pixel Tags

    In addition, we use "Pixel Tags" (also referred to as clear Gifs, Web beacons or Web bugs). Pixel tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of web users. In contrast to Cookies, which are stored on a computer??Ts hard drive or web browser, Pixel Tags are embedded invisibly in web pages. Pixel Tags also allow us to send email messages in a format that users can read, and tell us whether emails have been opened to, in part, ensure that we are sending only messages that are of interest to our users. We may also use this information to reduce or eliminate messages sent to a user.

  • Threat Detection

    We use certain third party service providers, such as ThreatMetrix, to provide threat detection, user authentication and fraud prevention services. These service providers may automatically collect certain information about your visits to the Sites and the device you use to connect to our Services, in order to monitor for potential threats or bad actors. This information may include, among other things, your IP address and your device??Ts unique device identifier. If you would like to know more about ThreatMetrix??Ts data practices, please visit their privacy policy at: https://www.threatmetrix.com/privacy-policy

  • Collection of Data in Connection with Advertising

    We may use third parties to serve ads on the Sites. In connection with the delivery of advertising, certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP and the browser you use to visit our Sites. They do this by using Cookies, Pixel Tags, or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Sites and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, Cookies or Pixel Tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.aboutads.info/choices or https://www.networkadvertising.org/

  • Mobile Services

    We may also collect non-personal information from your mobile device if you have downloaded our Application(s). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the Application(s), and information about the type of device you use. In addition, in the event our Application(s) crash on your mobile device, we will receive information about your mobile device model software version and device carrier, that allows us to identify and fix bugs and otherwise improve the performance of our Application(s).

  • Third Party Analytics

    We use a number of third party service providers, such as Google Analytics, to help analyse how users use our services ("Analytics Companies"). These Analytics Companies use Cookies to collect information such as how often users visit our Sites, the pages they visit, and what other sites they used prior to coming to our Services. We use the information we get from Analytics Companies only to improve our Sites, Application(s) and Services.

  • Referral Affiliates

    We may enter into agreements with companies that refer users to our Service by way of hyperlinks made available on the referring party??Ts website. We may automatically collect certain information, such as your IP address and the referring website via the Cookies and Pixel Tags that are provided to us in connection with your use of the referring party??Ts website. This policy does not apply to, and we are not responsible for, Cookies or Pixel Tags provided by third party websites.

  • Location Information

    If you have enabled location services on your phone, tablet or other mobile device, we may collect your location information including for the purpose of verifying whether you are eligible to participate in a Contest, sweepstakes or giveaway on our Services. If you do not want this information collected by us, you can disable location services on your phone.

Information Collected From or About Friends

Refer-a-Friend

Our Services may enable you to invite your friends to join in the fun. We enable users to invite friends in two ways:

  • You may invite a friend to register on our Services by providing us with their email address. We will collect the email address(es) you provide in order to facilitate that invitation. You are responsible for obtaining all necessary consents from the third party that may be required by law to allow us to access and upload the third party??Ts names and e-mail addresses as required above. If you are using the Application to refer-a-friend, the Application may also collect your phone number which we may use, among other purposes, for fraud prevention and user authentication purposes. You or the third party may contact us at support@draftkings.com to request the removal of this information from our database.
  • We may enable you to send your friends an invite to register on our Services via text message. We employ various techniques in order to enable you to invite your friends via text message, including offering contact importer tools to facilitate adding to your contacts (including contacts in your address book) so that you can more readily ask your contacts to join the Services and communicate with you through the Services. With your permission, we will access your address book, and import your contacts??T names, e-mail addresses, phone numbers, image, geographic location and any other information associated with your contacts to determine which of your friends have not registered for an Account. The text message that is sent to your friends will come from your phone number so that your friends know that you want to invite them to visit the Sites. We also collect your phone number during this process to send you a text message for account verification purposes, along with some settings that help us to interpret your data, such as the language and keyboard settings that you have established, and the phone??Ts carrier, mobile network code and mobile country code.

Find-a-Friend

Our Services may enable you to invite your friends who have an Account to join a Contest. In order to invite friends with Accounts to join a Contest, you may either (1) enter your friend??Ts username associated with their account to find and locate them or (2) in the event you are using our Application, use our contact importer tool to import and search through your contacts (including contacts in your address book) to match those of your friends who are also registered users of the Services. With your permission, we will access your address book, and import your contacts??T names, e-mail addresses, phone numbers, image, geographic location and any other information associated with your contact to facilitate automatic connection with your friends.

Information Collected from Other Sources

We may supplement the information we have about you with information received from other sources including from our pages on Social Networking Sites, the Social Networking Sites themselves, and from commercially available sources (e.g., data brokers and public databases). The information we receive may include demographic data such as age, gender and income level, your interests and purchase data and other information that is necessary or useful to assist our marketing efforts or for user verification, authentication, fraud detection or to comply with regulatory requirements.

How We Use Information

General Use

In general, the personal information you submit to us is used either to respond to the requests you make, or to aid us in serving you better. We use your personal information in the following ways:

  • To facilitate the creation and security of your Account on our network;
  • To identify you as a user in our system and to otherwise administer and operate our Sites, and Services;
  • To improve the quality of your experience of our Sites and Services;
  • To send you administrative email notifications, such as security or support and maintenance advisories;
  • To deliver customised or personalised content, information or advertising;
  • For the investigation of suspected unlawful, fraudulent or other imporoper activity connected with the use of our products and services;
  • To comply with our legal obligations in relation to customer identity verification and reporting obligations arising under, for example, theAnti-Money Laundering and Counter-Terrorism Financing Act 2006 ("AML/CTF Act") and the Racing and Betting Act 1983 (NT) ("RBA "), and other applicable laws relating to the acceptance of bets on sporting events;
  • To respond to your inquiries and other requests; and
  • To send newsletters, surveys, offers and other promotional materials related to our Services or on behalf of third parties and to monitor the effectiveness of our marketing programs.

User Feedback

We may post user feedback on the Sites from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting your name with your feedback. If you make any comments on a blog or forum associated with the Sites, you should be aware that any personal information you submit there can be read, collected, or used by other users of the forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.

Creation of Anonymous Data

We may create anonymised data (data that is not reasonably associated with or linked to any data that would reasonably be expected to allow someone to identify you or contact you) from personal information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymised data to analyse request and usage patterns so that we may enhance the content of our Services and improve the Sites navigation. We reserve the right to use anonymised data for any purpose and disclose anonymised data to third parties for any reason.

DISCLOSURE OF YOUR PERSONAL DATA

We disclose your personal information as described below and as described elsewhere in this policy.

  • Third Parties Designated by You

    When you use the Services, the personal information you provide will be shared with third parties that you designate to receive such information. For example, you may elect to communicate with other users who are participating in the same Contest as you.

  • Third Party Service Providers

    We may share your personal information with third parties who provide us with services including, but not limited to, data warehousing, web hosting, payment servicing, ID verification, advertising and professional consulting for the purpose of:

    • provide you the Services that we offer you through our Sites;
    • conduct quality assurance testing;
    • facilitate the creation of accounts;
    • provide account authentication and user verification services;
    • provide technical support; and/or provide other services to DK;
    • improve the Services we provide; and
    • facilitate the back-office support for the Services.

  • Profiles and Players

    When you participate in a Contest, we may make your Profile available to other Players of the Contest and enable you to communicate with other Players, in which case your communications will be disclosed.

  • Friends

    We may disclose information about you in connection with our Refer-A-Friend and Find-A-Friend programs as described above.

  • Leaderboards

    We may share information about the Contests in which you participate, including information related to your wins and losses record, finishes, and fantasy picks with our third party leaderboard provider(s), currently Rotogrinders. These leaderboard services are not developed or operated by DraftKings and DraftKings is not responsible for the content provided by the leaderboard providers.

  • Co-Branded Partners

    Co-Branded Partners are third parties with whom we may jointly offer a service or feature. You can tell when you are accessing a service or feature offered by a Co-Branded Partner because the Co-Branded Partner's name will be featured prominently. You may be asked to provide information about yourself to register for a service offered by a Co-Branded Partner. In doing so, you may be providing your information to both us and the Co-Branded Partner, or we may share your information with the Co-Branded Partner. Please note that the Co-Branded Partner's privacy policy may also apply to its use of your information.

  • DK Promotions

    When you participate in a Contest or promotion conducted by DK, we may use your name, likeness, voice, opinions, and biographical information for publicity, advertising, trade, or promotional purposes without further payment, consideration, notice, or approval.

  • Social Networking Sites

    Our Application and Services may enable you to post content to Social Networking Services (each an "SNS") (e.g., Facebook). If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of SNS. We will not be responsible or liable for:

    (i) the availability or accuracy of such SNSs;

    (ii) the content, products or services on or availability of such SNSs; or

    (iii) your use of any such SNSs.

  • Affiliates

    We may share some or all of your personal information with our joint venture partners, parent and holding companies (including their subsidiaries and joint venture partners) and other related companies under common control ("Affiliates"), in which case we will require our Affiliates to honour this policy.

  • Affiliates

    DK may disclose to government and regulatory authorities, including sports controlling bodies, any information:

    (a) as required or authorised by law, including in accordance with DK??Ts disclosure obligations under the AML/CTF Act and the RBA;

    (b) as required under the conditions of DK??Ts sports bookmaking licence or any agreement to which DK is a party;

    (c) which is requested, or we consider is reasonably required, to protect and maintain the integrity of the betting activities conducted by DK. Corporate Restructuring

    We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition, corporate divestiture, dissolution transaction, or other proceeding involving the sale, transfer, divestiture or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, your personal information may also be transferred as a business asset.

  • Third Parties

    We may make the information we have about you available to third parties including for their direct marketing use.

  • Other Disclosures

    Regardless of the choices you make regarding your personal information (as described below), DK may disclose personal information if it believes in good faith that such disclosure is necessary:

    (a) to comply with relevant laws or to respond to subpoenas or warrants served on DK;

    (b) in connection with any legal or other official investigation;

    (c) to protect or defend the rights or property of DK or users of the Sites or Services; and/or

    (d) to investigate or assist in preventing any violation or potential violation of law, this notice or our Terms of Use.

These third parties may be located outside Australia. Where we do disclose your personal information to overseas third parties, we take such steps as are reasonable to ensure that your personal information is handled in accordance with this policy, the Privacy Act 1988 and under contractual arrangements.

Your choices regarding Your Information

  • Email Communication

    We will periodically send you free newsletters and emails that contain information about our various products and services, or other products and services we feel may be of interest to you. At any time you can easily indicate your preference to stop receiving further communications from us and you may opt out of receiving further marketing from DK by emailing us at support@draftkings.com or by following the unsubscribe instructions provided in the email you receive. Despite your indicated email preferences, we may send you service related communications, including notices of any updates to our Terms of Use and privacy notice.

  • Changing or Deleting Your Personal Information

    You may change any of your personal information in your Account by editing your "personal information" within your Account or by sending an email to us at the address listed below. You may request deletion of your personal information by us, and we will use commercially reasonable efforts to honour your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.

  • Applications

    You may stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

THIRD PARTY LINKS

Our Sites may contain links to websites operated and maintained by third parties over which we have absolutely no control. These third party websites are not subject to this privacy policy or our privacy standards and procedures. Any information you provide to third party websites will be governed by the terms of the websites??T privacy policies. We have no responsibility or liability whatsoever for the content, actions or policies of third party websites. The inclusion of third party links on our Sites in no way constitutes an endorsement of such websites??T content, actions or policies.

SECURITY

We take such steps as are reasonable in the circumstances to maintain the integrity and store securely your personal information to protect it from interference, misuse and loss and from unauthorised use, access, modification or disclosure.

In order to protect your personal information DraftKings uses password protected systems and databases. Secure Socket Layer (SSL) technology is used. Our employees, agents and contractors are required to maintain the confidentiality of your personal information.

How You Can Access or Correct your Information

You can request a copy of the personally-identifiable information that DK has collected about you via the Services by contacting our Information Privacy team at the e-mail address listed in the "How to Contact Us" section below. You may also request that DK correct any factual inaccuracies contained in this information by contacting this same person.

Once we receive your request for access or correction, we will endeavour to respond to your request within a reasonable period (usually no more than 30 days) after the request is made. We may also charge our reasonable costs for responding to your request.

There are some circumstances specified by law where we may refuse your request for access to or correction of your personal information. If one of those circumstances applies, we will provide you with a written explanation of the reasons for refusal, unless it would be unreasonable to provide that notice.

COMPLAINTS

If you have any concerns or a complaint about a breach of your privacy or the way we have handled your personal information, please email details of your complaint to privacy@draftkings.com

We will then investigate your complaint and endeavour to provide you with our response within a reasonable time. If, after receiving our response, you still consider that your privacy complaint remains unresolved, you may then, for example, refer your concern to the Office of the Australian Information Commissioner at www.oaic.gov.au.

how we respond to "do not track" signals

Some web browsers may transmit "do not track" signals to the Sites and other online services with which your web browser communicates. There is no standard that governs what, if anything, the Sites should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard is established, we may revise our policy on responding to these signals.

Prohibited users

As indicated in our Terms of Use, employees, operators or consultants of a sports governing body are prohibited from participating in certain Contests where such employee, operator or consultant is prohibited from participating in Contests by such governing body ("Prohibited Users"). For clarity, we say that examples of sports governing bodies are the National Football League, Major League Baseball and the National Basketball Association. We may report any participation in the Services or in any Contests by any Prohibited Users to the applicable sport??Ts governing body.

How To Contact Us

If you would like to contact us for any reason regarding our privacy practices, our privacy notice, or to make a privacy complaint or if you want to report any security violations to us, please e-mail us at the following address: privacy@draftkings.com

Changes and Updates to this Privacy policy

This policy may be revised periodically, and if we make any material changes in the way we use your personal information, we will notify you. Any changes to this privacy policy will be notified by posting notice of the changes on our Sites. We will endeavor to provide thirty (30) days??T notice of any change Otherwise, these changes will be effective immediately upon providing notice by either by posting on our Sites the revised policy or notifying you of any changes via the email address provided by you at the time of registering your account. Please note that at all times you are responsible for ensuring that the personal information provided to us is up to date.

If you do not wish to permit changes in our use of your personal information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Your continued use of the Sites, Application(s) or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, with the understanding that the modified terms and conditions applies to all of your personal information, including the personal information collected before the change went into effect.

Last Updated: 19 December 2017.