Privacy Policy

 

Last Updated and Effective as of: July 25, 2018.

 

  ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS PRIVACY POLICY OR THE WEBSITE, PLEASE CONTACT FAN SERVICES TOLL FREE AT 1-855-438-0679, 24 HOURS A DAY, 7 DAYS A WEEK (OR 1-904-685-7842 OUTSIDE THE UNITED STATES) OR A FANATICS ASSOCIATE LOCATED IN A STORE AT THE STADIUM].

 

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.

 

We take very seriously the protection and proper use of your personal and non-personal information. We want you to understand what information may be collected from you, how such information is used, and the choices you have regarding the use of this information.  Accordingly, this policy (“Privacy Policy”) explains how we collect, use and disclose your personal and other information through this Website. We will treat your information consistent with this Privacy Policy unless you have consented otherwise. Also, you may opt-out of certain uses and disclosures of your personal information, as further explained in this Privacy Policy.

 

Your Consent

 

By accessing and using the Website, you consent to the collection, use and disclosure of your information in accordance with this Privacy Policy and you agree to be legally bound by its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE.

  

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.

 

Please note that we may obtain information about you from other sources, including third-party sources such as advertising networks and social media platforms and networks, and combine that information with data collected through the Website, including personal information. This combined information may result in, among other things, a profile about you, which we may use in accordance with this Privacy Policy.

 

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.
  • And for other purposes not prohibited by this Privacy Policy.

 

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 privacy@fanaticsretailgroup.com to request that we remove this information from our database.

 

Sharing Your Personal Information.  As explained above, Fanatics, the Fanatics Entities and Partner Entities share your information with each other.  We may also share your personal information with third parties in the ways that are described in this Privacy Policy.

 

  • 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.
  • We also may transfer your personal information in connection with a sale, merger, change of control, bankruptcy or similar transaction. You will be notified via email (sent to the email address specified in your account) or a notice or updated Privacy Policy on our Website if such a transaction results in the transfer of control of your personal information to a non-affiliate.
  • We may share your personal information with a third party with whom we have a relationship in connection with our operation of the Website or App, such as a licensor or other rights holder (a "Business Partner").  For example, we may share your personal information with a Business Partner when you purchase that Business Partner's merchandise from us. Business Partners may use your personal information for their own business purposes, including to send you information about their products or services.  Business Partners will use your personal information in accordance with their privacy policy.  You will need to contact such Business Partners to instruct such Business Partners directly regarding your preferences for the use of your personal information by such Business Partners (including if you would like to opt-out of receiving future emails from a Business Partner).

 

 

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.

 

Contests and Promotions. If contests or promotions are made available through the Website, the applicable contest or promotion rules may include rules regarding the collection, use and disclosure of personal information. To the extent that those specific rules conflict with this Privacy Policy, the contest or promotion rules will supersede this Privacy Policy with respect to the conflicting terms and the non-conflicting terms of this Privacy Policy and our Terms of Use will continue to apply.

 

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.

 

  • Cookies, Tracking Pixels, and Similar Technologies. The Website may use cookies, a type of technology that installs a small amount of information on a website user’s computer or other device to permit a website to, for example, recognize future visits using that computer or device. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.  The Website may use other similar technologies (including, without limitation, tracking pixels, as described further below, and other anonymous identifiers) to gather non-personally identifiable information. The Website also may use cookies and similar technologies on the Website to customize your visit, to enable us to enhance our service, or for other purposes. For example, information provided through cookies is used to recognize you as a previous user of the Website so you do not have to enter your personal information every time and to offer personalized content. You may choose to decline cookies by adjusting your browser preferences, but doing so may affect your use of the Website and your ability to access certain features of the Website or engage in transactions through the Website. If you delete your cookies, change browsers or change devices, cookies that the Website may use (or an opt-out cookie) may no longer work. Cookies and similar technologies also may be used by our affiliates, a tracking utility company, and other parties to, for example, make it easier for you to navigate our Website. We do not have access to or control over these cookies and technologies and we cannot state whether these parties will comply with this Privacy Policy. Additionally, the Website may employ, either directly or through trusted third parties, tracking pixels. Tracking pixels are tiny, transparent graphics with a unique identifier, similar in function to cookies, and are used to provide analytical information concerning the user experience as well as to support custom marketing activities for users of the Website. In contrast to cookies, which are stored on a user’s computer hard drive, tracking pixels are embedded invisibly on web pages. The Website may use tracking pixels to help us better manage content, such as by improving the user interface or improving our marketing programs. We also may use non-personally identifiable information to create aggregate tracking information reports regarding user demographics, traffic patterns and purchases and may link tracking information with personal information provided by users.

 

  • 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.

 

  • Other Sources of Information. We may obtain information about you from third-party sources and combine that information with data collected through the Website, including personal information. This combined information may result in, among other things, a profile about you, which we may use in accordance with this Privacy Policy.

 

  • Cross Device Matching. We may now or in the future have the ability to match your devices using the data collected, making educated predictions, and, in some cases, using deterministic data (e.g., unique identifiers) or other content across devices. We may then, subject to the limitations otherwise set forth in this Privacy Policy, display targeted advertisements to you across your devices unless it is an Opted-Out Device (as defined 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?

 

Third-Party Websites. The Website may contain links to other websites or Internet resources. When you click on one of those links, you are contacting another website or Internet resource. We have no responsibility or liability for, or control over, those other websites or resources or their collection, use and disclosure of your information. We suggest that you read the privacy policy and terms of use of each such website.


Social Media, Widgets and Open Forums. Our Website may allow you to engage with social media services, such as Facebook, Twitter, Pinterest and Instagram (“Social Networks”), and widgets such as the “Share this” button, or interactive mini-programs that run on our Website or which link from Social Networks to our Website (“Social Functions”). These Social Functions may access, collect and integrate with your Social Network accounts and information. For example, these Social Functions may collect your IP address, identify which page you are visiting on our Website, or set a cookie. Social Functions may also be used to register you as a Website user.  For example, if you are not currently registered as a Website user and you use certain Social Functions, you will be asked to enter your Social Network credentials and then be given the option to register and join the Website. If you choose to use these Social Functions, you may be sharing certain Social Network profile elements with us, including your name, birthday (month/day), comments, contacts, email address, photos or favorite teams. This sharing is subject to each Social Network’s own privacy policy and terms of use. We do not control those Social Networks or your profiles on those services. Nor do we modify your privacy settings on those services or establish rules about how your personal information on those services will be used.  Social Functions are either hosted by a third party or hosted directly on our Website. Your interactions with them are governed by the privacy policy of the company providing them. Please refer to the privacy settings in your Social Network account to manage the data that is shared with us through your account. Information you include and transmit online in a publicly accessible blog, chat room or Social Network, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions. We do not control such uses of your personal information, and by using such services you assume the risk and acknowledge that the personal information provided by you may be viewed and used by us and/or third parties for any number of purposes and that the usage restrictions set forth in this Privacy Policy do not apply to such services. To request removal of your personal information from a blog, community forum or other publicly-accessible part of the Website, contact us at privacy@fanaticsretailgroup.com
. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so.

 

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 privacy@fanaticsretailgroup.com to opt out of future communications from us. In addition, you may request that we delete your personal information by emailing your request to privacy@fanaticsretailgroup.com and we will process your request within a reasonable time after receipt, subject to our rights under the Data Retention section above.

 

  • Direct Marketing Opt-Out. If you do not want your personal information shared with any third party who may use such information for direct marketing purposes, then you may opt-out of such disclosures by sending an email to privacy@fanaticsretailgroup.com. However, we are not responsible for removing your personal information from the lists of any third party who has previously been provided with your information in accordance with this Privacy Policy, and any elections or privacy choices you may make with respect to receipt of certain types of e-mails or marketing communications from us will not apply to any such third parties.  You should contact any third parties that send you communications directly with respect to choices that they may make available to you with respect to such communications.

 

  • Interest-Based Advertising Opt-Out and Do Not Track Signals. With respect to “do not track” (a/k/a DNT) signals or similar mechanisms transmitted by web browsers, the Website does not respond to or honor such signals or mechanisms. This means that third parties, such as ad networks, web analytics companies, and social networking platforms (some of whom are discussed elsewhere in this Privacy Policy), may collect information about your online activities over time and across our Website and other third-party online properties or services. These companies may use information about your visits to our Website and other sites, and general geographic information derived from your IP address, in order to provide advertisements about goods and services of interest to you.  For more information about third-party advertisers and how to prevent them from using your information, please visit http://www.networkadvertising.org/choices/. This is a site offered by the Network Advertising Initiative (“NAI”) that includes information on how consumers can opt-out from receiving interest-based advertising from some or all of NAI’s members. You can also visit  http://www.aboutads.info/choices, which is a site offered by the Digital Advertising Alliance (“DAA”) that includes information on how consumers can opt-out from receiving internet-based advertising from some or all of DAA’s participating companies.  Opting out of interest-based advertising does not mean that you will no longer see any advertisements; rather, you will still see advertisements that are general and not tailored to your specific interests and activities. Further, cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out.  For example, if you have opted out on your computer browser, that opt-out will not necessarily be effective on your mobile device. In the event we are performing cross device matching (as described above) Once you have opted out on one device (“Opted-Out Device”), we will not use any new data from the Opted-Out Device to identify you on another device for interest-based advertising purposes and we will not use data from another device for interest-based advertising purposes on the Opted-Out Device.  You can opt out of additional behavioral advertising:      
    • 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 privacy@fanaticsretailgroup.com. 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 privacy@fanaticsretailgroup.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 privacy@fanaticsretailgroup.com.

 

 

Other Notices and Important Information

 

Privacy Policy Changes. We have the sole discretion to change, modify, add or remove portions of this Privacy Policy from time to time. New versions of this Privacy Policy will be posted here. Our collection, use and disclosure of your information will be governed by the version of this Privacy Policy in effect at the time of such collection, use or disclosure. If we materially change the way that we collect, use or disclose your personal information, we will notify you through a notice or updated Privacy Policy on the Website, or by email (sent to the email address specified in your account), prior to or upon the change(s) becoming effective. Accordingly, when you access or use the Website, you should check the date of this Privacy Policy and be aware of any changes since the last version. Your continued use of the Website following the posting of any changes to this Privacy Policy means that you accept such changes.

 

Servers in the United States of America. Our servers are maintained in the United States of America (“USA”).  By using the Website, you freely and specifically give us your consent to export your personal information to the USA and to store and use it in the USA as specified in this Privacy Policy. You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.

 

Terms and Conditions. Use of the Website is governed by, and subject to, the [Terms of Use], and this Privacy Policy is incorporated therein. Your use or accessing of the Website constitutes your agreement to be bound by the [Terms of Use].

 

For questions or concerns relating to this Privacy Policy, we can be contacted at:

 

Fanatics Retail Group
8100 Nations Way

Jacksonville, FL 32256
privacy@fanaticsretailgroup.com

 

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.