1. Information We Collect and Receive
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
In particular, may collect the following types of personal information:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
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.
C. Protected classification characteristics under California or federal law.
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).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
F. Geolocation data.
Physical location or movements.
G. Inferences drawn from other personal information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We collect and receive the categories of personal information listed above from the following categories of sources:
- Directly from you . For example, when you register for our Services, bid on or purchase products on our Services, sign up to receive electronic or other marketing communications, enter a contest or sweepstakes, comment on an article, communicate with customer service, or complete a questionnaire you may be asked to provide information about yourself.
- Indirectly from you . For example, from observing your actions on our Website. We also may collect or receive information when you use our Services. We collect some of this information using cookies, web beacons, and other technologies. This information that we collect automatically may be combined with information that you provide us directly in order to personalize content and advertising based on your interests. Depending on how you access and use our Services, we may receive:
- Log information . This is information we automatically collect and store when you use our Services. It may include, for example:
- Information about your interactions with our Services, including the content you view, the products you bid on or purchase, the amount of time spent on our Services, the date on which you accessed our Services, and information in cookies and similar technologies.
- Information about how you access our Services, including your browser or operating system, your Internet Protocol (“IP”) address, and the websites you visit before and after visiting our Services.
- Device information . This is information we automatically collect and store concerning the device you use when you access our Services. (Note that by “device,” we mean anything you use to access our Services). Device information may include, for example:
- The type of device you are using (e.g., your particular brand of phone or tablet);
- Certain device identifiers which may be unique to your device; and
- Your Internet service provider.
- Location Information . This information may include specific location information drawn from your device’s GPS or Bluetooth signal and information about nearby WiFi networks and cell towers. We receive this information when you use location-enabled services.
Information from third-party sources . We may receive additional information about you from the NHL and/or Member Clubs or other third-parties and information about you that is publicly or commercially available, and we may combine that with the information we have collected or received about you in other ways. Also, we receive information about you when you choose to connect with social networking services while using our Services.
2. How We Use the Information We Collect or Receive
may use or disclose the personal information we collect for one or more of the following purposes:
- To provide our Services. We use the information we collect or receive to provide you with the Services you use or request. For example, we use this information to:
- Create accounts;
- Process transactions;
- Provide technical support and respond to user inquiries;
- Send you electronic and other marketing communications that may be tailored to your preferences and interests;
- Administer your participation in our contests, sweepstakes, or other promotions;
- Notify you about updates to our Services or send other communications that are relevant to your use of our Services; and
- Enhance our ability to detect and prevent fraud and potentially illegal activities in connection with our Services and otherwise enforce our Terms of Service.
- To improve our Services. We also use the information we collect or receive to provide content you may find relevant and interesting and to maintain and upgrade the operation of our Services. For example, we may use this information to:
- Solicit input and feedback about our Services;
- Identify and address technical issues on our Services; and
- Customize your experiences based on location information or your online activities, including the content you view, the products you bid on or purchase, other Services of ours you use, and other information we collect or receive.
- To provide effective advertising and marketing. We also use the information we collect and receive to provide ads for our Services and certain third-party services and to send you promotional communications. For example, we may use this information:
- To show you ads (on and off our Services) based on location information or your online activities, including the content you view, the products you bid on or purchase, the other Services of ours that you use, and other information we collect or receive.
- To send you electronic and other marketing messages about the Sharks, the NHL, Member Clubs, or other third-party business partners that may be tailored to your preferences and interests.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
3. How We Share the Information We Collect or Receive
We may share information we collect or receive with third parties when we have your consent or as described below.
We may share information with the following categories of third parties:
- Our affiliates. We may share information with “affiliates,” a term that includes our parent and subsidiary companies, joint venture partners, or other companies we control, are controlled by, or with which we are under common control, including without limitation: the San Jose Sharks; San Jose Sharks, LLC; SJSHARKS.com; SAP Center at San Jose; San Jose Arena Management, LLC; Sharks Minor Holdings, LLC; San Jose Barracuda; SJSHARKIE.com; Sharks Shop Online; Sharks Foundation; Sharks Ice, LLC; Sharks Ice at San Jose; Sharks Ice at Fremont; and Oakland Ice Center.
- Our service providers. We may provide information about you to service providers that perform certain functions or services on our behalf (for example, hosting our Services, storing our data, fulfilling orders, providing products and services, managing databases, performing analyses, processing credit card payments, providing customer service, or sending communications for us). These companies are contractually limited in the ways in which they may use this information.
- Our business partners. With your consent, we may share information about you with select business partners that are not service providers, such as our sponsors, our broadcast partners, and our retail licensees, so that they can provide you with special offers, promotional materials, and other materials that may be of interest to you. Business partners are expected to protect the confidentiality, integrity, and security of any information we share with them. However, we are not responsible for the privacy practices of our business partners, which may use your information for their own purposes.
- Other parties in response to legal process or when necessary to protect us or our Services. We may disclose your information — including the contents of your communications — to other parties when required or permitted by applicable law, such as when we have a good faith belief that:
- Doing so is necessary to respond to lawful governmental requests or legal process (for example, a court order, search warrant, or subpoena);
- The information is relevant to a crime that has been or is being committed;
- An emergency exists that poses a threat to your safety or the safety of another person or persons; or
- Doing so is necessary to protect our rights or property or to enforce our Terms of Service.
- Interactive features. We may share information with third parties when you post information to a public user profile or a public area of our Services, such as a chat room, forum, blog, social networking services, or other community tool. If you post information to these interactive features, it will be publicly available and you may receive unsolicited messages from other parties. We cannot ensure that parties who have access to such information will respect your privacy. Please exercise caution when using these features.
4. Third Parties That Provide Content, Advertising, or Functionality On Our Services
Some of the content, advertising, and functionality on our Services may be provided by third parties that are not affiliated with us. Such third parties include, for example:
Content providers, which may operate contests, sweepstakes, fantasy or interactive games, or public forums on our Services;
- Retail companies (such as those that operate our Shop and Auctions services), which may process transactions, provide customer service, and perform other related functions;
- Advertising providers, which help us and our advertisers provide ads (on our Services or elsewhere online) that are tailored to users’ interests and understand users’ response to those ads;
- Audience-measurement companies, which help us measure the overall usage of our Services and compare that usage to other online services; and
- Social networking services (such as Facebook, Twitter, and Google+), which enable you to log in to certain of our Services, to comment on content available on our Services, and to share things you find on our Services with your social network.
Note that some of these companies participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted ads. To learn more and to opt-out of such targeted advertising, please visit the websites of the Network Advertising Initiative, the Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.
5. “Do Not Track” Signals
Some web browsers may transmit “do not track” signals to the websites and other online services with which the browser communicates. There is no standard that governs what, if anything, websites and online services should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard for responding is established, we may revisit our policy on responding to these signals.
6. Your Choices
You have a number of choices about how we handle information we collect or receive about you. Please note that it may take up to ten business days to process your requests.
- Email. You may opt out of receiving future promotional email communications from us by clicking the “Unsubscribe” link in the footer of email communications and updating your preferences. Please note that we may continue to send you transactional or service-related emails regarding your account.
- SMS and MMS . You may opt out of receiving promotional SMS and MMS messages (i.e., text messages) from us by replying “STOP” to any message, which is free of charge. Please note that we may respond to your opt-out request with a free message confirming that you have successfully opted out.
- Direct Mail. You may opt out of receiving direct mail communications from us by filling out the following form: SJSharks.com/contactus. Please select the “Digital Media/Marketing/Internet” option in the department section and include your first name, last name, and address in the body of the email.
- Disclosure of Personally Identifiable Information to Third Parties. You can opt out of having your personally identifiable information shared with third parties for those third parties’ direct marketing purposes by filling out the following form: SJSharks.com/contactus. Please select the “Digital Media/Marketing/Internet” option in the department section and include your first name, last name, and email address in the body of the email.
- Access, Update, or Correct Information. In accordance with applicable law, you may have the right to access, update, or correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. If you would like to access, review, or update your information, please contact us at SJSharks.com/contactus. Please select the “Digital Media/Marketing/Internet” option in the department section and include your first name, last name, and email address in the body of the email.
- Tailored Advertising. Some of the companies that provide advertising services on our Services may participate in industry-developed programs designed to provide consumers with choices about whether to receive tailored ads that are based on your online activities. To learn more and to opt-out of such targeted advertising, please visit the websites of the Network Advertising Initiative, the Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.
We have adopted physical, technical, and administrative safeguards to help protect against theft, loss, misuse, and unauthorized access to or disclosure of the information we collect and receive. However, please note that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your information and privacy, we cannot and do not guarantee or warrant the security of any information you disclose or transmit to our Services and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information, or any other disclosures out of our control.
Your online access to some of your information may be protected with a password that you select. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication (such as letters, phone calls, or email messages).
8. Children’s Privacy
Our Services do not knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, except as permitted by the Children’s Online Privacy Protection Act (“COPPA”).
9. Third Party Links
10. Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain Sharks Sports & Entertainment entities to third parties for the third parties’ direct marketing purposes. California residents may opt out of having their personally identifiable information shared with third parties for those third parties’ direct marketing purposes by writing us at the address below. Please include your first name, last name, and contact information in the body of your request. To make such a request, please email us at email@example.com or write us at:
CA Privacy Rights – Legal Department
Sharks Sports & Entertainment
525 West Santa Clara Street
San Jose, CA 95113
In addition, California residents who are registered users of the Services and are under the age of 18 are entitled, in accordance with California law, to request and obtain removal of content and information that they themselves post as user content on the Services. You may request such removal by filling out the following form available by selecting “Contact Us” on SJSHARKS.com. Please select the “Legal” option in the subject line and include in the body of the email (i) a statement that you are requesting, in accordance with California law, the removal of user content; (ii) a description of the material you want removed and information reasonably sufficient to permit us to locate the material; and (iii) your first name, last name, email address, mailing address (including city, state, and zip) and year of birth so that we can process your request. Please note that your request does not ensure the complete or comprehensive removal of the material and that there may be circumstances in which the law does not require or allow removal even if requested.
CCPA. The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights ), we will disclose to you:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
We do not provide these access and data portability rights for B2B personal information.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights ), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq. ).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We do not provide these deletion rights for B2B personal information.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Emailing us at firstname.lastname@example.org.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
Account number or other account information;
User name; or
Other verifiable information necessary to verify your identity.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
If you are California resident 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us through email@example.com.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
11. International Transfers of Personal Information
The Sharks are located in the United States, and, regardless of where you use our Services or otherwise provide information to us, your information may be transferred to, maintained, and processed by the Sharks, its affiliates, or our service providers in the United States. Please note that U.S. privacy laws, regulations, and standards may not be equivalent to the laws in your country of residence and such information may be subject to lawful access by U.S. courts, law enforcement, and governmental authorities. By using our Services or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to, in, and out of the United States.
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
13. Contact Us
Sharks Sports & Entertainment
525 West Santa Clara Street
San Jose, CA 95113
13. Cookies, Web Beacons, and Other Technologies
Our Services use online technologies called “cookies” and “web beacons,” as well as other local storage technologies. This section explains what these technologies are and how they may be used.
Cookies and Other Local Storage Technologies
Generally speaking, “cookies” are text files that are placed in your device’s browser, and that can be used to help recognize your browser across different web pages, websites, and browsing sessions.
Cookies are stored on your device or in “local storage.” We also use other types of local storage technologies, such as Local Shared Objects (sometimes called “Flash cookies”), in connection with our Services. These technologies are similar to cookies in that they are stored on your device and can be used to maintain information about your activities and preferences.
However, these other local storage technologies may use parts of your device other than your browser, which means you may not be able to control their use using the browser tools and settings you use to control browser cookies.
Your browser’s privacy controls may enable you to manage other types of local storage.
- to help authenticate you when you use our Services;
- to remember your preferences and registration information;
- to enable a shopping cart;
- to present and help measure and research the effectiveness of our Service, advertisements, and email communications (by determining which emails you open and act upon); and
- to customize the content and advertisements provided to you through our Services.
Web beacons are small pieces of code placed on Web pages, videos, and in emails that can communicate information about your browser and device to a server. Beacons can be used, among other things, to count the users who visit a Web page or read an email, or to deliver a cookie to the browser of a user viewing a Web page or email.