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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.
(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.
(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:
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:
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.
(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 support@underdogsports.com.
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.
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:
(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 support@underdogsports.com. 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 support@underdogsports.com. 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 support@underdogsports.com 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:
If you use our mobile application, you can delete your account by submitting a request to support@underdogsports.com 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 legal@underdogsports.com 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)):
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:
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
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:
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.
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.
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.
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.
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.
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.
You can learn more about how to submit your request by visiting our Data Subject Requests page below or emailing us at support@underdogsports.com.
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.
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 support@underdogsports.com.
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 support@underdogsports.com. 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:
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: support@underdogsports.com
Postal Address: 150 Waterbury St., Brooklyn, NY 11206, Attention: Legal