Last Updated and Effective as of: July 25, 2018.
This website, sharkslockers.com (the “Website”) is operated by Fanatics Retail Group Concessions, LLC. (“Fanatics”), a Delaware limited liability company, or one of its subsidiaries or affiliates (“Fanatics Entities”) on behalf of San Jose Sharks and/or its affiliated entities (“Partner Entities”), and is hosted by Shopify, Inc. ("Shopify"). When used herein, the terms “we,” “us” or “our” include Fanatics, the Fanatics Entities and the Partner Entities.
How Do We Collect and Use Personal Information?
Personal Information Collected. The information collected through the Website is collected on behalf of, and may be shared with, Fanatics, the Fanatics Entities and the Partner Entities, and each of their respective parents and affiliates, as well as Shopify. During your access or use of the Website, you may be asked to voluntarily provide certain personal information, such as contact information (including your name, email address, postal address, credit card number, telephone number), gender, payment method and payment information, other purchase information (when associated directly with you), account password, etc. You also may be asked to provide certain personal information about your friend(s) (only with the friend’s consent) in connection with a “friend” referral program that we may run from time to time. It is always your choice whether to provide this personal information; however, without providing some of the requested information, certain features will not be accessible, and you will not be able to conduct transactions through the Website. For example, providing an email address may be a prerequisite to joining a customer rewards program (FanCash). Although we try to prevent it, we also may unintentionally collect or receive personal information when mixed in with non-personal information.
Other Information About You. Additionally, we may ask you to indicate favorite teams and players, and to provide information about your friends and family members who are sports fans, including their favorite teams and players, their birthdays and other similar information. We will treat such information as personal information when it is associated with other personal information provided by you. When such information is not associated with other personal information provided by you, this information will be treated as non-personally identifiable information.
How We Use Personal Information. We may use your personal information:
- To contact and correspond with you;
- To perform our contract with you including responding to your inquiries and processing transactions and payments and fulfilling your order;
- To facilitate and enhance your use of the Properties;
- To alert you to our services and those of our affiliates and partners for marketing purposes or otherwise (you can always unsubscribe via a link in the email);
- To comply with legal obligations (including keeping records required by law or to evidence our compliance with laws or to provide information to law enforcement);
- To support our legitimate business interests:
- For our internal business administration, to manage customer accounts, including keeping general records of customers, sales, customer care and other interactions, and to protect genuine customers and our business from fraud to minimize the risk of false details being used, and abuse by fraudsters;
- To manage competitions or other promotions that you have chosen to participate in;
- To comply with contractual obligations; and
- To improve our marketing activity more generally, including improving your online experience and the products we offer.
For example, if you make a purchase through the Website, we may use your personal information collected during that transaction to market products and services to you that we think may interest you. If you participate in our referral program, we may email the friend you referred inviting him or her to visit our Website, and may store the email address for the purpose of sending such email(s) and to track the success of that program. As explained below, your friend may contact us at email@example.com to request that we remove this information from our database.
- We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/.
- We may share your personal information with our affiliates, parents and subsidiaries.
- We may permit our vendors and subcontractors to access your personal information in connection with performing services for us. For example, in order to process your transactions, we may share your personal information with certain third parties, such as your credit card issuer, a third-party credit verification company, the product handler, the delivery service and vendors who may ship product to you directly from their warehouse (called drop-ship vendors). Before personal information is disclosed to such a party, we endeavor to require the party to agree to protect the privacy and confidentiality of your personal information.
- We also may use your personal information to provide services and/or to provide you with information about products and services.
- If you participate in our Fan Cash program, we may share your personal information with Partner Entities, Business Partners and other third parties as necessary to operate the program and allow you to acquire and redeem points.
- Further, we may use and disclose your personal information: (a) as required by law or legal process; (b) to investigate suspected fraud, harassment or other violations of any law, rule, or regulation; (c) to investigate suspected violations of any terms or policies applicable to the Properties or the services provided by us or our third-party providers or affiliates, and (d) if we separately obtained your consent, in other ways that are consistent with that consent.
Data Retention. We will retain your personal information for as long as your account is active (as determined by us) and for a reasonable time thereafter or such other time period prescribed by law. We also may retain your personal information for a longer period of time as needed to provide you services or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your personal information, we may continue to retain and use aggregate, anonymous data previously collected and/or anonymize and aggregate your personal information.
How Do We Collect and Use Non-Personally Identifiable and Aggregated Information?
Non-Personally Identifiable Information Collected. Like many other websites and applications, we may automatically collect certain non-personally identifiable information regarding our Website’s users. Such information may include, without limitation, the Internet Protocol (“IP”) address of your computer, your device ID, the IP address (which may be used to determine your geographic location), your device ID, the IP address of your Internet service provider, your zip code, the date and time (and time zone) you access the Website, the Internet address of a referring website, the operating system you are using, the sections or pages of the Website that you visit, search terms, and the images and content viewed. Some of the ways in which we or the Website may collect and use non-personally identifiable and aggregated information are further described below.
- Clickstream Data. As you use the Internet, a trail of electronic information is left at each website you visit. This information, sometimes referred to as "clickstream data," can be collected and stored by a website’s server. For example, clickstream data can tell the type of computer and browsing software you use and the address of the website from which you linked to the Website. The Website may collect and use clickstream data as a form of aggregate information to anonymously determine how much time visitors spend on each page of our Website, how visitors navigate throughout the Website and how we may tailor our Website to better meet the needs of visitors. This information often will be used to improve our Website and our services. Any collection or use of clickstream data will be anonymous and aggregated, and will not intentionally contain any personal information.
- Interest-Based Advertising. We may engage third-party vendors to use non-personally identifiable information in connection with their own information to deliver targeted advertising to you when you visit our Website or other websites. Cookies and similar technologies, described above, may be used in this process. For example, if you are searching for information on a particular product, our vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising, sometimes called “behavioral advertising,” is based on anonymous information and not on any personal information. As a result, we and our vendor know your interests, but do not know who you are in connection with the delivery of that specific ad. We believe that such advertising is helpful because you will see advertisements that are relevant to your interests. However, if you would like to opt-out of these interest-based advertisements, please see the Opt-Out Process/Options and Additional Terms section below.
How We Use Non-Personally Identifiable Information. Your non-personally identifiable information can be used by us for any lawful purpose and may be shared with any number of third parties. Such information may be permanently archived for future use. Some examples of how we may use non-personal information are for system administration purposes, analytics and to improve the Website and our marketing efforts. We may also use the data to build a better picture of the type of offers and products that you might be interested in. Other examples of how we may use such information are provided above, such as “Interest-Based Advertising.” We also may use general location data, preferences, or other information received from the Website, including through your mobile device, to send you tailored marketing messages including making product recommendations. Additionally, we may use non-personally identifiable information to engage in interactive, real-time discussions with users, which we or the users may initiate.
What about Third-Party Websites and Social Media Services?
What Are Your Choices?
We strive to offer you with choices about how information is used and shared. There are several ways in which you may opt out of the various programs and services we provide. Some of the ways in which you may opt out are described below.
- Opting Out of Our Services. If you receive an email from us, you may (i) unsubscribe from all future unsolicited emails through a link, typically at the bottom of the e-mail, or (ii) use our email preference center, also typically available through a link at the bottom of the e-mail, to opt out of receiving certain types of emails from us while continuing to receive other types of emails. If you have an account with us, you may opt-out of some or all future unsolicited communications by updating your account’s personal information settings. If you participate in our referral program, the friend you referred may contact us at firstname.lastname@example.org to opt out of future communications from us. In addition, you may request that we delete your personal information by emailing your request to email@example.com and we will process your request within a reasonable time after receipt, subject to our rights under the Data Retention section above.
- FACEBOOK - https://www.facebook.com/settings/?tab=ads
- GOOGLE - https://www.google.com/settings/ads/anonymous
- BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
- Google Analytics. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
How Can You Access Your Personal Information?
You may request access to your personal information by contacting firstname.lastname@example.org. Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information, entitlement to challenge the accuracy and completeness of the information and the ability to have it amended as is appropriate. You may request that we deactivate your account at any time by contacting us at email@example.com. You can help us maintain the accuracy of your information by notifying us of any changes to your personal information.
Is Your Personal Information Secure?
When you enter sensitive information, such as a credit card number on our order forms, we encrypt the transmission of that information using secure socket layer technology. We use reasonable security measures to protect the confidentiality of the personal information submitted to us both during transmission and after we receive it. However, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
Can Children Use Our Website?
We are committed to the preservation of online privacy for all of our visitors, including children. We sell products intended for purchase by adults (i.e., those age 18 or older). If you make a purchase on our Website, you are representing that you are an adult. Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any personal information from children under the age of 13 without the consent of that child’s parent or guardian. If you are a child under the age of 13, you are not authorized to use the Website without consent from your parent or legal guardian. If we become aware that personal information from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database. If any parent, guardian or other responsible adult becomes aware that we have collected personal information from a child under the age of 13, please contact us at firstname.lastname@example.org.
Other Notices and Important Information
Fanatics Retail Group
8100 Nations Way
Jacksonville, FL 32256
To the extent you believe we have not addressed your concerns or otherwise choose to do so, you have the right to lodge a complaint with a supervisory authority in the country where you reside and/or the United States. You may contact the US Federal Trade Commission regarding your concerns.