Privacy Policy

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Privacy Policy

Underdog Sports Wagering, LLC - Privacy Policy

Last Updated: June 13, 2024

Your privacy is important to us at Underdog Sports Wagering, LLC and their affiliates (collectively “Underdog,” “we,” “us,” or “our”), and we are committed to safeguarding, preserving, and respecting your privacy rights.  This online privacy statement (the “Statement” or “Policy”) describes how we collect, use, disclose, and secure the personal information we gather about you through our website, https://underdogsports.com, and related mobile applications (collectively, the “Site”), when you view or interact with Underdog social media accounts or any social media accounts or content affiliated with us, when you participate in Sports Wagering (as defined in our Terms of Use), and when you otherwise interact with us.  The Site, any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by Underdog are referred to herein as the “Services.”

For purposes of this Statement, personal information means data that classifies as personal information, personal data, personally identifiable information, or similar terms under applicable data privacy and security laws and regulations.  It does not include data excluded or exempted from those laws and regulations, such as aggregated, anonymized, or deidentified data.  Nothing in this Statement will constitute an admission or evidence that any particular data privacy or information security law or regulation applies to Underdog generally or in any specific context. 

This Policy expressly incorporates any privacy notices we may issue to supplement this Policy.  Depending on your residency, a supplemental privacy notice may apply to you.  For example, if you are a California resident, please view our California Privacy Policy below. 

1.  You Consent to This Statement

You should read this Statement carefully, so that you understand our privacy practices and our Terms of Use.  By accessing, browsing, downloading, or otherwise using the Services, you confirm that you have read, understood, and agreed with this Statement.  If you do not agree to this Statement, you may not use the Services.

This Statement and the Terms of Use apply regardless of how the Services are accessed and will cover any technologies or devices by which we make the Services available to you.

We may provide you with additional privacy notices where we believe it is appropriate to do so. It is important that you read this Statement together with any other privacy notice or terms we may provide on specific occasions, so that you are fully aware of how and why we are using your data.  This Statement supplements these other notices and is not intended to override them. 

If you have any questions or concerns about our personal information policies or practices, you can contact us in the methods described in the “Contact Us” section below.

2. What Types of Information Do We Collect?  

We collect information you voluntarily provide directly to us, information that we collect automatically when you interact with the Services, and information collected from third parties.  The categories of personal information that we collect and the purposes for which we collect that information are described below. 

(a) Categories of Personal Information We Collect 

The following list describes the categories of personal information we collect. 

  • Account Information includes name, email address, postal mailing address, telephone number, date of birth, profile photo, username, and password.  We may also collect identity verification information in connection with creating your account such as your Social Security Number, passport information, driver’s license information, other identity documents, and tax-related information.  We collect this information for the purposes of account creation and maintenance, advertising and marketing, analytics and research, customer service, providing the Services, and website security and maintenance. 
  • Analytics Information.  We collect certain analytics information automatically as you navigate our Services.  This includes cookies, tracking pixels, tags or similar tools, which may collect information about your browser, device, geolocation, and interactions with the Services, Site, or emails.  For more information, please view the “How Do We Use “Cookies” and Other Tracking Technologies?” section below.  We collect this information for the purposes of account management, advertising and marketing, analytics and research, customer service, providing the Services, and website security and maintenance. 
  • Contact Information includes name, email address, postal mailing address, contacts you choose to submit, and phone number. We collect this information when you provide it directly to us such as signing up for newsletters, requesting information about Underdog services, creating an account, or filling out a form.  We collect this information for the purposes of advertising and marketing, analytics and research, and customer service. 
  • Geolocation Information includes information related to your IP address or GPS location. This information may be collected using analytics tools, or when you share location information with us. We collect this information when you allow it to verify your identity, to comply with applicable federal and state law, and to prevent and detect fraud.
  • Payment and Commercial Information includes name, address, phone number, third party payment service provider-related information, debit or credit card information, purchase and participation history, or other payment processing information.  We, or our service providers, collect this information for the purposes of account management, customer service, providing the Services, and website security and maintenance. 
  • Responses to Surveys and Questionnaires includes information you provide to us when you respond to marketing materials, promotions, contests, or other surveys.  We collect this information for the purposes of advertising and marketing, analytics and research, and customer service. 
  • Social Media Information includes information that you post by sharing on a blog or another social media platform, or information you post on public areas of our Services, such as your profile photo.  We collect this information when you provide it directly to us.  Please note that your comments will be visible to the public, so you should never share personal information that you would like to keep private.  We collect this information for the purposes of advertising and marketing, and analytics and research. 
  • User-Generated Content.  If you post, upload, comment, or otherwise submit content on the Services, we may collect certain information about you such as your name and email address and products you may have purchased.  Be aware that as a default, any information you post on the Services, including without limitation reviews, comments, and text, may be available to and searchable by all users of the Services.  We collect this information for the purposes of advertising and marketing, and analytics and research.

(b) Purposes for Collection of Personal Information

The following information identifies the purposes for which we may collect your personal information, as well as information regarding our use and disclosure of that personal information.  Please note that we may not collect each category of information about each user of our Services. 

  • Purpose: Account Management
    • Categories of Personal Information: Account Information, Analytics Information, Payment and Commercial Information
    • Targeted Ad: Yes
    • Sales: No
    • Data Shared with Third Parties: Analytics Information
    • Categories of Third Parties: Analytics Providers, Third Party Advertisers
  • Purpose: Providing the Services
    • Categories of Personal Information: Account Information, Analytics Information, Payment and Commercial Information
    • Targeted Ad: Yes
    • Sales: No
    • Data Shared with Third Parties: Analytics Information, Commercial History, Contact Information
    • Categories of Third Parties: Analytics Providers, Third Party Advertiser

  • Purpose: Advertising and Marketing
    • Categories of Personal Information: Account Information, Analytics Information, Contact Information, Payment and Commercial Information, Responses to Surveys and Questionnaires, Social Media Information, User Generated Content
    • Targeted Ad: Yes
    • Sales: No
    • Data Shared with Third Parties: Analytics Information, Commercial History, Contact Information
    • Categories of Third Parties: Analytics Providers, Third Party Advertisers

  • Purpose: Analytics and Research
    • Categories of Personal Information: Account Information, Analytics Information, Contact Information, Payment and Commercial Information, Responses to Surveys and Questionnaires, Social Media Information, User Generated Content
    • Targeted Ad: Yes
    • Sales: No
    • Data Shared with Third Parties: Analytics Information, Commercial History, Contact Information, Social Media Information
    • Categories of Third Parties: Analytics Providers, Third Party Advertisers

  • Purpose: Customer Service
    • Categories of Personal Information: Account Information, Analytics Information, Contact Information, Payment and Commercial Information, Responses to Surveys and Questionnaires
    • Targeted Ad: Yes
    • Sales: No
    • Data Shared with Third Parties: Analytics Information
    • Categories of Third Parties: Analytics Providers, Third Party Advertisers

  • Purpose: Website Security and Maintenance
    • Categories of Personal Information: Account Information, Analytics Information, Payment and Commercial Information
    • Targeted Ad: No
    • Sales: No
    • Data Shared with Third Parties: N/A
    • Categories of Third Parties: N/A

(c) Other Ways We May Collect, Use, or Share the Information  

We may also reserve the right to collect, use, or share personal information for the following purposes:

  • To Provide the Services.  We will use your personal information to provide the Services, to improve operations and offerings, and for security purposes.
  • To Present the Site.  We will use personal information to present our Site and its contents in a suitable and effective manner for you and your device.
  • For Legal Purposes.  We reserve the right to cooperate with local, provincial, state, federal and international officials in any investigation requiring either personal information or reports about lawful or unlawful user activity on this site.  We also reserve the right to share your personal information to establish, exercise, or defend our legal and property rights, including providing information to others for the purposes of fraud prevention.  We may also share your personal information with any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
  • Please note that we are in a highly regulated industry, and we therefore may need to provide your information to regulators, agencies, or other groups that have oversight.  We may also use your information to fulfill our obligations under applicable laws, regulations, or standards, including relating to threat detection and to determine whether we can provide Services to you.
  • Responsible Play.  As part of our commitment to responsible play, we may use the information collected about you to assess whether you are responsibly using the Services.  In the event we identify potentially problematic information, we may reach out to you to provide resources to help ensure that you are using the Services responsibly. By using our Site or Services, you consent to our use of your information for these purposes. 
  • Identity Verification Vendors. We use identity verification services to confirm your identity, to comply with federal law, and to detect and prevent fraud. We may disclose account information such as your name, date of birth, address, and identification information to achieve this purpose. You may authorize our services to verify your identity with a credit bureau for the purposes of identity verification which will not affect your credit score.
  • Business Transactions or Mergers.  We reserve the right to share your personal information with third parties as part of any potential business or asset sale, merger, acquisition, investment, round of funding, or similar type of transaction.  Additionally, if we are entering into a corporate transaction with a third party, we may receive personal information in connection with the diligence.  If we close a transaction, the third party may transfer personal information, which we would use as described in this Policy.
  • Bankruptcy or Insolvency.  In the event of bankruptcy, insolvency, or dissolution proceedings, we may share your personal information with third parties as part of the sale or reorganization process. 
  • Service Providers.  We use service providers to perform various functions on our behalf.  Such service providers will be under contractual obligations to safeguard your personal information and only process it in accordance with our instructions, or as otherwise permitted by applicable laws.  We may also receive personal information from service providers. 
  • Business Partners and Affiliates.  We may collect personal information from and share personal information with our business partners and affiliates, including legal advisors and financial advisors, co-branded partners, and leaderboards.  We may combine that information with other information we collect about you, but we will always use the information as described in this Policy.  We may also share information with our affiliates, subsidiaries, joint ventures or other companies under common control.
  • State Regulations. Upon the written request of the Director of the North Carolina State Lottery Commission or a registered player, Underdog will identify the names of the third-party entities to which it shares personal information.  

3.  How Do We Use “Cookies” and Other Tracking Technologies? 

We may send one or more cookies to your computer or other device.  We may also use other similar technologies such as tracking pixels, tags, or similar tools when you visit our Services.  These technologies can collect data regarding your operating system, browser type, device type, screen resolution, IP address, and other technical information, as well as navigation events and session information as you interact with our Services.  This information allows us to understand how you use the Services.

(a) What Are Cookies?

Cookies are small files created by websites, including our Services, that reside on your computer’s hard drive and that store information about your use of a particular website.  When you access our Services, we use cookies and other tracking technologies to:

  • Estimate our audience size and usage patterns;
  • Store information about your preferences, allowing us to customize our Services according to your individual needs;
  • Contact you to provide you with information or services that you request from us;
  • Advertise new content, events, and services that relate to your interests;
  • Provide you with more personalized content that is most relevant to your interest areas; and
  • Recognize when you return to our Services.

We set some cookies ourselves and others are set by third parties.  You can manage your cookies preference as described in the “Managing Your Cookies” section below.

(b) What Types of Cookies Do We Use and Why?

The following list describes the different types of cookies that we and our service providers use on the Services, examples of who serves those cookies and links to the privacy notices and opt-out information of those cookie servers.  Because the specific cookies we use may vary over time, as well as differ by the specific page you are browsing, the below list is illustrative only.

  • Types of Cookies: Essential
    • Purpose: These cookies are required for the operation of the Services and enable you to move around the Services and use its features.  Disabling these cookies can negatively impact the performance of Services.
    • Who Serves (for example): Underdog, Adobe, Amazon, Google
  • Types of Cookies: Functionality
    • Purpose: These cookies are used to recognize you when you return to the Services.  This enables us to personalize content for you and remember your preferences.  These cookies also enable your interactions with the Services such as emailing us and customer support chat.
    • Who Serves (for example): Fontawesome.com, Google, Wix, Zendesk
  • Types of Cookies: Analytics, Performance, and Research
    • Purpose: These cookies, beacons, and pixels allow us to analyze activities on the Services.  They can be used to improve the functioning of the Services.  For example, these cookies recognize and count the number of visitors and see how they move around the Services.  Analytics cookies also help us measure the performance of our advertising campaigns to help us improve them and to optimize the content on the Services for those who engage with our advertising.
    • Who Serves (for example): Amplitude, Brandwatch, Google, Meta
  • Types of Cookies: Social Networking
    • Purpose: These cookies are used to enable you to share pages and content that you find interesting on our Services through third-party social networking and other websites.  These cookies may also be used for advertising purposes.
    • Who Serves (for example): Discord, Google, LinkedIn, Meta, Twitter
  • Types of Cookies: Advertising
    • Purpose: These cookies and pixels are used to deliver relevant ads, track ad campaign performance, or track email marketing.  
    • Who Serves (for example): AppNexus, Beeswax, Branch, Connextra, Google, Meta

(c) We do not use analytical tools in a manner that discloses to third parties that a specific person viewed specific video materials.  

(d) How Long Do Cookies Stay on My Device?

Some cookies operate from the time you visit the Services until the end of that particular browsing session.  These cookies, which are called “session cookies,” expire and are automatically deleted when you close your Internet browser.

Some cookies will stay on your device between browsing sessions and will not expire or automatically delete when you close your Internet browser.  These cookies are called “persistent cookies” and the length of time they will remain on your device will vary from cookie to cookie.  Persistent cookies are used for a number of purposes, such as storing your preferences so that they are available for your next visit and to keep a more accurate account of how often you visit the Services, how your use of the Services may change over time, and the effectiveness of advertising efforts.

(e) Managing Your Cookies

It may be possible to block cookies by changing your Internet browser settings to refuse all or some cookies.  If you choose to block all cookies (including essential cookies), you may not be able to access all or parts of the Services.

You can find out more about cookies and how to manage them by visiting www.AboutCookies.org.

  (f) Does the Site Respond to “Do Not Track” Signals?

At this time, our Site does not respond differently based on a user’s Do Not Track signal. 

4.  Users’ Rights

Subject to any exception as required by applicable law or regulation, players can opt out of Underdog’s data collection activities.  To opt out of Underdog’s data collection activities, please send an e-mail to [email protected].

Colorado, Connecticut, Utah, and Virginia residents have certain, specific rights with respect to their data, and to the extent you log on to the Site from these states, these laws will control.  These rights are established through the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), the Utah Consumer Privacy Act (“UCPA”), and the Virginia Consumer Data Protection Act (“VCDPA”).  The list below explains these rights and lists the states whose residents may exercise those rights.  To exercise any of the following rights listed below, please see our Data Subject Requests page or our Your Privacy Choices page below. 

  • Consumer Right: Right to Know/Access
    • Explanation: You have the right to confirm whether we are processing your personal data, and the right to access that data. 
    • Applies to Residents of: Colorado, Connecticut, Utah, Virginia 
  • Consumer Right: Right of Correction
    • Explanation: You have the right to correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing of the personal data. 
    • Applies to Residents of: Colorado, Connecticut, Virginia
  • Consumer Right: Right of Deletion
    • Explanation: You have the right to delete, subject to certain exceptions, your personal data provided by you or obtained about you. 
    • *Note: If you are a Utah resident, this only applies to personal data you have provided directly to us. 
    • Applies to Residents of: Colorado, Connecticut, Utah*, Virginia
  • Consumer Right: Right of Portability
    • Explanation: Up to two times per calendar year, you have the right to obtain your personal data in a portable and—to the extent technically feasible—readily usable format that allows you to transmit the data to another entity without hindrance. 
    • *Note: If you are a Utah resident, this only applies to processing carried out by automated means.
    • Applies to Residents of: Colorado, Connecticut, Utah*, Virginia
  • Consumer Right: Right to Opt-out: Colorado, Connecticut, and Virginia 
    • Explanation: You have the right to opt-out of the processing of your personal data for the purposes of: 
      • Targeted advertising; 
      • The sale of personal data; and/or
      • Profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.  
      • To opt-out, please visit our Your Privacy Choices page below.
    • Applies to Residents of: Colorado, Connecticut, Virginia
  • Consumer Right: Right to Opt-out: Utah
    • Explanation: You have the right to opt out of the sale of personal data or targeted advertising. To opt-out, please visit our Your Privacy Choices page below.
    • Applies to Residents of: Utah

Underdog will not discriminate against an individual because the individual does not consent to the sale of their data

(a) Sensitive Information 

Sensitive Data as defined in the CTDPA and VCDPA includes precise geolocation information.  We do not collect this information without first obtaining consent or otherwise as permitted by applicable law. 

(b) Exercising Your Rights 

If you are a Colorado, Connecticut, Virginia, or Utah resident and wish to exercise one of the above rights and it applies to you, please visit our Data Subject Requests page or our Your Privacy Choices page below.  

If necessary, we may request additional information reasonably necessary to authenticate you and your request.  

In certain circumstances, you may make a request on behalf of another such as if you are an authorized agent or the parent or guardian of a child on behalf of whom you wish to exercise their rights.  

We will respond to these consumer requests, if applicable, within 45 days of receipt of the request and without undue delay.  If we need to extend this period, we will notify you of the delay and explain the reasonably necessary justifications for our delay.  

We will provide responses to your requests free of charge unless certain exclusions apply, depending on the state in which you reside.  We may charge a fee in: 

  • Colorado, Connecticut, and Utah, if you make more than one request in a twelve-month period; and
  • Connecticut and Virginia, if the request is manifestly unfounded or excessive, or repetitive in nature. 

(c) Appealing a Rights Request Decision 

If you are a resident of Colorado, Connecticut, or Virginia, and we deny or fail to take action on your request to exercise your applicable consumer privacy rights, you may appeal our decision.  To do this, you may email us at [email protected].  In the email appeal, please specify the right(s) you requested to exercise and the date you made such a request.  

We will inform you in writing within 45 days of any action taken or not taken in response to the appeal.  We will also provide a written explanation of the reasons for our decisions regarding your request(s). 

5. Nevada Users’ Rights

Under Nevada law, certain Nevada consumers may opt out of the sale of certain personally identifiable information for monetary consideration to a person for that person to license or sell such information to additional persons.  We do not sell personally identifiable information under Nevada law. 

If you are a Nevada resident who has purchased or leased goods or services from us, you may (A) submit a request to opt out of any potential future sales, and/or (B) request changes to your Covered Information by emailing us at [email protected]. Please note we will take reasonable steps to verify your identity and the authenticity of the request. 

6. Advertising and Marketing Choice

We respect your rights in how your personal information is used and shared. We may communicate with you via email, telephone, postal mail, and/or your mobile device about our products and services. If at any time you would like to unsubscribe from receiving future marketing emails, you can email us at [email protected] or follow the instructions at the bottom of each applicable email, and we will promptly remove you from those marketing correspondences that you choose to no longer receive.  Please note, however, that we may still need to contact you regarding other matters. 

7.  How Long Is Your Personal Information Kept

We will retain your personal information until the personal information is no longer necessary to accomplish the purpose for which it was provided.  We may retain your personal information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect you, other people, and us from fraud, abuse, an unauthorized access, as necessary to protect our legal rights, or for certain business requirements.

We will delete your personal information when it is no longer necessary for the purpose for which it was collected or upon your request, subject to exceptions as discussed in this Statement.  Underdog will honor an individual’s request for Underdog to delete or cease use of the personal information and other data collected concerning that individual and direct its agents and affiliates to do the same.  Underdog may deny an individual’s request to delete or cease use of the personal information if maintaining the personal information is necessary, including for the following reasons:

  • to perform any obligations under North Carolina regulations or statutes;
  • to complete the transaction for which the personal information was collected, provide a good or service requested by the individual, or reasonably anticipated within the context of a business’s ongoing business relationship with the individual, or otherwise perform a contract between the business and the individual;
  • to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • to debug to identify and repair errors that impair existing intended functionality;
  • to enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business; or
  • to comply with any other legal obligation.

If you use our mobile application, you can delete your account by submitting a request to [email protected] or by deleting your account through the application itself.  If you delete your account from within the application, we will delete the accompanying personal data unless we are required to retain it for legal, regulatory, contractual, or other compliance purposes. 

You can access and update certain personal information Underdog holds about you at any time by logging into your account via the Services. 

8.  Our Commitment to Data Security

The security of your information is important to us. We use commercially reasonable safeguards, including technical, physical, and organizational measures to protect your personal information and prevent unauthorized access or unnecessary disclosures. 

However, we cannot and do not guarantee complete security, as no method of transmitting data over the Internet, mobile networks, wireless transmission, or electronic storage is completely secure. Any information you transmit to us is done at your own risk.

If required by law to do so, we will notify you and/or the relevant supervisory authority in the event of a data breach.

9. Where Your Personal Information Is Held

We process personal information on our servers in the United States of America and may do so in other countries.  If you use our Services or otherwise provide us with information from outside of the United States, you expressly consent to the transfer of your data to the United States, the processing of your data in the United States, and the storage of your data in the United States.

10.  Third Party Links 

Underdog’s Services may contain links to third-party websites.  When we provide links, we do so only as a convenience, and we are not responsible for any content of any third-party website or any links contained within.  It is important to note that this Statement only applies to Underdog’s Services.  We are not responsible and assume no responsibility for any personal information collected, stored, or used by any third party as a result of you visiting third-party websites.  We also advise that you carefully read the privacy notice of any third-party websites you choose to visit.

11.  Children’s Privacy

Our Services are not intended for or directed to individuals under the age of 21. We do not allow account creation for individuals under the age of 21 and implement identity verification processes to exclude individuals under the age of 21. We do not knowingly collect information from children under the age of 21. In the event we learn we have collected personal information from a child under age 13 without verification or parental consent, we will immediately delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us using the information provided in the "Contact Us" section below. 

12.  Policy Changes

This Statement may change from time to time.  If we need to change this Statement at some point in the future, we will post any changes on this page.  If we make a significant or material change to this Statement, we will notify you via email or in-app notification.  You should check this Statement when you use the Site.  Your continued use of the Site constitutes acceptance of the most current version of this Statement.

13.  Contact Us

If you have any questions about this Privacy Policy, please contact us by email at [email protected] or at 150 Waterbury St., Brooklyn, NY 11206, Attention: Legal.

California Privacy Policy

Your privacy is important to us at Underdog Sports Wagering, LLC and our affiliates and subsidiaries (“Underdog,” “we,” “us,” or “our”), and we are committed to safeguarding, preserving, and respecting your privacy rights.  If you are a California resident, you have certain rights with respect to the collection, use, transfer, and processing of your personal information, as defined by the California Consumer Privacy Act (“CCPA”), Cal. Civ. Code § 1798.100 et seq., as amended by the California Privacy Rights Act, and implementing regulations.  

This California Privacy Policy (“Policy”) describes how we collect, use, share, disclose, retain, and secure the personal information we gather about you through our website, https://underdogsports.com/ (collectively, the “Site”), when you interact with us as a customer, or otherwise (collectively, the “Services”), that is subject to the CCPA.  It does not apply to personal information that is excluded or exempted.  It also does not apply to personal information collected from employees or contractor in that capacity.    

We reserve the right to limit these rights where permitted under applicable law, including where your identity cannot be reasonably verified or to the extent your rights adversely affect the rights and freedoms of others.  

What Information Do We Collect?

The below examples are illustrative examples from the CCPA and do not reflect the specific pieces of information we collect.  

In the previous 12 months, we have collected the following categories of personal information (categories of personal information are as defined in Cal. Civ. Code. § 1798.140(v)):

  1. Category: Identifiers
  • Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
  • Collected: Yes
  • Retention Period: Duration of the relationship or as required by law
  1. Category: Personal Information
  • Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
  • Collected: Yes
  • Retention Period: Duration of the relationship or as required by law
  1. Category: Protected Classification Characteristics Under California or Federal Law
  • Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
  • Collected: Yes
  • Retention Period: Duration of the relationship or as required by law
  1. Category: Commercial Information
  • Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Collected: Yes
  • Retention Period: Duration of the relationship or as required by law
  1. Category: Biometric Information
  • Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
  • Collected: No
  • Retention Period: N/A
  1. Category: Internet or Other Similar Network Activity
  • Examples: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
  • Collected: Yes
  • Retention Period: 26 months
  1. Category: Geolocation Data
  • Examples: Physical location or movements.
  • Collected: Yes
  • Retention Period: 26 months
  1. Category: Sensory Data
  • Examples: Audio, electronic, visual, thermal, olfactory, or similar information.  
  • Collected: No
  • Retention Period: N/A
  1. Category: Professional or Employment-Related Information
  • Examples: Current or past job history or performance evaluations.
  • Collected: No
  • Retention Period: N/A
  1. Category: Non-Public Education Information
  • Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
  • Collected: No
  • Retention Period: N/A
  1. Category: Inferences Drawn of the Consumer
  • Examples: Inferences drawn from personal information identified above to create a profile about a consumer reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
  • Collected: Yes
  • Retention Period: 26 months
  1. Category: Sensitive Personal Information
  • Examples
    • Personal information that reveals (i) Social Security, driver’s license, state identification card, or passport number; (ii) account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credential allowing access to an account; (iii) precise geolocation; (d) racial or ethnic origin, religious or philosophical beliefs, or union membership; (e) the contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication; or (iv) genetic data.  
    • Biometric information processed for the purpose of uniquely identifying a consumer, personal information collected and analyzed concerning a consumer’s health, sex life, or sexual orientation. 
    • Some Sensitive Personal Information included in this category may overlap with other categories.
  • Collected: Yes
  • Retention Period: Duration of the relationship or as required by law

Sources From Which Personal Information Is Collected

We collect your personal information directly from you, from your interaction with the Site, from publicly available sources, and from service providers and third parties which collect the personal information directly from you.  

Business or Commercial Purposes for Which Personal Information Is Collected

Your personal information is used for the following purposes: account creation and management; to provide the Services and Site; advertising and marketing; analytics and research; customer service; website security and maintenance; and for legal, regulatory, and other compliance purposes.  Please see our Privacy Policy for additional information. 

Third Parties with Whom Personal Information Is Disclosed, Shared, or Sold

In the preceding 12 months, we have disclosed the following personal information about consumers for business purposes:

  • We disclose personal information in categories A (identifiers), B (personal), D (commercial), F (internet), G (geolocation), K (inferences), and L (sensitive) with service providers.
  • We disclose personal information in categories A (identifiers), B (personal), D (commercial), F (internet), G (geolocation), K (inferences), and L (sensitive) with government agencies for legal, regulatory, or other compliance purposes.
  • We disclose content posted on our social media platforms with other consumers. Such posts may include personal information in categories A (identifiers) and B (personal), but the content depends on the individual posts.  Please note that your comments will be visible to the public, so you should never share personal information that you would like to keep private.
  • We may share all of our information, including your personal information, with our subsidiaries and affiliates in connection with providing the Services to you or otherwise in connection with business operations.

In the preceding 12 months, we have shared for cross-context behavior advertising the following the personal information in categories A (identifiers), B (personal), D (commercial), F (internet), G (geolocation), and K (inferences). 

In the preceding twelve (12) months, we have not sold the personal information of any consumer for monetary consideration.  However, our use of cookies and other tracking technologies may be considered a sale of personal information under the CCPA.  Categories of personal information that we have sold under the CCPA include categories A (identifiers), B (personal), D (commercial), F (internet), G (geolocation), and K (inferences).  Categories of third parties to whom personal information is sold under the CCPA include data analytics providers and advertising and marketing providers.

You can opt out of the sale or sharing of your personal information by visiting our Your Privacy Choices page below.  Please note that your use of our website will still be tracked by Underdog and its service providers.

We do not have actual knowledge that we sell or share the personal information of consumers under sixteen (16) years of age.

Individual Rights

  1. Right to Know About Personal Information Collected, Disclosed, Shared, or Sold

You have the right to request that we disclose the personal information we collect, use, and disclose about you to third parties.  There are two types of Rights to Know requests that you can make:

  1. Right to Know (Abbreviated Request):  If you make a Right to Know (Abbreviated Request), you will receive the following information about you:
  • Categories of personal information collected, sold, or shared;
  • Categories of sources from which personal information is collected;
  • Categories of third parties to whom the information is sold, shared or disclosed;
  • Business or commercial purpose for collecting, sharing, or selling personal information; 
  • Categories of personal information disclosed for a business purpose and categories of persons to whom it was disclosed for a business purpose.
  1. Right to Know (Specific Pieces of Information Request):  If you make a Right to Know (Specific Pieces of Information Request), you will receive the following information about you:
    • Specific pieces of personal information collected about you.

This information will be provided to you free of charge, unless we determine that your request is manifestly unfounded or excessive.  You may request this information twice in a 12-month period.

There are certain exceptions to a consumer’s Right to Know.  We will state in our response if an exception applies. 

  1. Right of Deletion

You have the right to request that we and our service providers delete any personal information about you which we have collected from you upon receipt of a verifiable request.  This right is subject to certain exceptions.  We will state in our response if an exception applies.

  1. Right to Opt-Out of the Sale or Sharing of Personal Information

You have the right to opt out of the sale or sharing of your personal information by a business subject to certain laws and regulations.  You can opt out of the sale or sharing of your personal information by visiting our Your Privacy Choices page. Please note that opt-out choices may be stored via cookies.  If you clear cookies, if your browser blocks cookies, or if you view the page from a different browser or device, your opt-out choice may no longer be logged or recognized.  

  1. Right to Non-Discrimination

You have the right not to receive discriminatory treatment for exercising the privacy rights conferred by California law.  We will not discriminate against you because you exercised any of your privacy rights, including, but not limited to, by: denying goods or services to you; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level of quality of goods or services to you; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.  We will also not retaliate against any employee, applicant for employment, or independent contractor for exercising their rights under the CCPA. 

  1. Right of Correction 

If we maintain inaccurate personal information about you, then you have the right to request that we correct the inaccurate personal information upon receipt of a verifiable request. Taking into account the nature of the personal information and purposes of processing the personal information, you have the right to request that we correct inaccurate personal information about you, if applicable.  

  1. Right to Limit Use and Disclosure of Sensitive Personal Information 

If we process Sensitive Personal Information, we will only do so for the purposes specifically authorized by California law and in a manner that is necessary and proportionate for those purposes. As such, we do not perform any processing for which a Right to Limit request is available. 

  1. Submitting Requests

You can learn more about how to submit your request by visiting our Data Subject Requests page below or emailing us at [email protected].

  1. Verifying Requests

To ensure the protection of your personal information, we must verify that the individual submitting a request to know, request to delete, or request to correct is the consumer to whom the request relates prior to processing the request.  To verify a California consumer’s identity, we may request up to three pieces of personal information about you when you make a request to compare against our records.  We may also request that you sign a declaration under the penalty of perjury from the consumer whose personal information is the subject of the request.  

Making a verifiable consumer request does not require you to create an account with us.  

We will only use personal information provided in your request to verify your identity and will delete any information you provide after processing the request.  We reserve the right to take additional steps as necessary to verify the identity of California consumers where we have reason to believe a request is fraudulent.

  1. Authorized Agents

You may choose a person or a business registered with the California Secretary of State that you authorize to act on your behalf to submit your requests (“Authorized Agent”).  If you choose to use an Authorized Agent, we require that you provide the Authorized Agent with written permission to allow them to submit your request and that you verify your identity directly with us.  Failure to do so may result in Underdog denying your request. 

Data Subject Requests

California, Colorado, Connecticut, Utah, and Virginia residents have certain rights with respect to their data.  Please note that your eligibility to exercise certain rights depends on your state of residency.  If a right does not apply to you, we will inform you in our response.  

California Residents. 

For more information about your rights, please review our California Privacy Policy above.  For more information about how to opt out of the sale or sharing of your personal information please visit our Your Privacy Choices page below.

Colorado, Connecticut, Utah, and Virginia Residents.  

For more information about your rights, please review our Privacy Policy above.  For more information about how to opt out of the sale of your personal data, the use of your personal data for the purposes of targeted advertising, please visit the Your Privacy Choices page below.

Data Subject Request Instructions

In order to make a data subject request, please submit the following information via email to [email protected].

  • First and last name
  • Email associated with your Underdog Sports Wagering account
  • State of residency
  • Relationship to Underdog (e.g., customer, vendor, etc.)
  • Whether you are submitting this request on behalf of someone else
  • Your data privacy request type:
    • California only: Right to Know: Abbreviated
    • California only: Right to Know: Specific Pieces of Information
    • Right to Access
    • Right to Delete
    • Right to Correct
    • Right of Portability

We will confirm receipt of this request using the email address you have provided above.  If you do not receive confirmation, please email us at [email protected].  Underdog will do its best to substantively respond within one month of receiving your request.

Your Privacy Choices

California, Colorado, Connecticut, Utah, and Virginia residents have certain rights with respect to their data.  For purposes of this notice “Personal Information” and “Personal Data” have the meaning given in those laws, and it does not include information excluded or exempted.  

If you are a California resident, please review the Individual Rights section of our California Privacy Policy above for more detailed descriptions of how we collect, use, and share the Personal Information of California residents, your privacy rights as a California resident, and how to exercise your rights as a California resident.  If you are a Colorado, Connecticut, Utah, or Virginia resident, please review our Privacy Policy above. 

Your Right to Opt-out. 

California Residents. As a California resident, you have the right to tell us not to disclose or transfer your Personal Information to a third party in exchange for something of value, and to not share your Personal Information for cross context behavior advertising.  This is referred to as the “opt out” or “do not sell or share my info” right.  

Colorado, Connecticut, and Virginia Residents. As a Colorado, Connecticut, or Virginia resident, you have the right to opt out of the processing of Personal Data for the purposes of the sale of Personal Data, targeted advertising, or profiling in furtherance of decisions that produce legal or similarly significant effects. 

How to Opt-Out. As detailed in our California Privacy Policy above and our Privacy Policy above, we use certain third party analytical cookies or other technology that may be considered “sales” and “sharing” under California law, and which constitute “targeted advertising” under Colorado, Connecticut, Utah, and Virginia laws.  To opt out of those cookies, please follow the links below:

  1. Types of Cookies: Analytics, Performance, and Research
    • Purpose: These cookies, beacons, and pixels allow us to analyze activities on the Services.  They can be used to improve the functioning of the Services.  For example, these cookies recognize and count the number of visitors and see how they move around the Services.  Analytics cookies also help us measure the performance of our advertising campaigns to help us improve them and to optimize the content on the Services for those who engage with our advertising.
    • Who serves (for example)
  1. Amplitude
  2. Brandwatch
  3. Google
  4. Meta
  1. Types of Cookies: Social Networking
    • Purpose: These cookies are used to enable you to share pages and content that you find interesting on our Services through third-party social networking and other websites.  These cookies may also be used for advertising purposes.
    • Who serves (for example)
      1. Discord
      2. Google
      3. LinkedIn
      4. Meta
      5. Twitter
  2. Types of Cookies: Advertising
    • Purpose: These cookies and pixels are used to deliver relevant ads, track ad campaign performance, or track email marketing.  
    • Who serves (for example)
      1. AppNexus
      2. Beeswax
      3. Branch
      4. Google
      5. Meta

You may also exercise your right to opt out of our use of cookies and tracking technologies through the controls available to you in your browser through its settings, which may be adapted to reflect your consent to the use of cookies.  Most browsers also enable you to review and erase cookies.  To learn more about browser controls, please consult the documentation that your browser manufacturer provides. 

Learn how to clear cookies:

Learn how to prevent cross-site tracking:

Please note that opt-out choices may be stored via cookies.  If you clear cookies, if your browser blocks cookies, or if you view the page from a different browser or device, your opt-out choice may no longer be logged or recognized. 

If you have any questions, please contact us using the following contact information:

Email:  [email protected]   

Postal Address: 150 Waterbury St., Brooklyn, NY 11206, Attention: Legal