Last Updated: July 13, 2020, effective as of January 1, 2020
Fanatics Retail Group North, LLC ("FRG" or “Fanatics”) and its affiliates and third party service providers (collectively, “Fanatics Entities”) operate the NASCAR Online Store (the "Website") pursuant to agreements with NASCAR Digital Media, LLC ("NDM"), an affiliate of National Association for Stock Car Auto Racing, LLC ("NASCAR"). FRG, NDM and NASCAR ("we" or "us") recognize that you care how information about you is used and shared.
We know you care about what information may be collected from and about you, how such information is used and shared, and the choices you have.
We collect personal information about you from the following sources:
a. Directly From You. We may collect personal information during your access or use of the Website and through other online and offline interactions, such as when you sign up for marketing, make purchases, create an account, contact us for customer service or other assistance, and participate in promotions.
b. From Your Friends. If you consent, your friends and contacts may provide personal information about you in connection with our “friend” referral program and for other purposes. You should only provide us with information about another person if you have that person’s consent.
c. Cookies and Tracking Technologies. When you access or use the Website, we may collect data about your device, internet usage, cookies, tracking technologies such as web beacons, location, website activity, and other details of your use of the Website. For further information on these practices, see Section 5 – “Cookies and Other Tracking Technologies.”
d. Service Providers. We may collect personal information from service providers who are assisting us in the supply of our products and carrying out our business, such as to fulfill orders and provide customer assistance.
e. Other Third Parties and Publicly Available Information. We may collect personal information from other third parties that provide information to us, such as Business Partners, advertising networks, data brokers, government and other public sources, and social media platforms and networks.
We may collect the following types of information about you:
a. Identifiers, characteristics, and other information you provide, such as your contact information (including your name, email address, postal address, and telephone number), gender and other demographic information, payment method and payment information, authentication information you create (such as account password), birthdays, professional and educational information, and device identifiers (such as advertising IDs, pixel and cookie IDs, IP address, ICCID).
b. Internet and other electronic activity that is gathered automatically when you visit our Website or interact with advertisements, such as browsing and search history, browser information, device type, app, and OS version.
c. Geolocation information, such as IP-based or precise geolocation information. This may be collected automatically or based on information you provide.
d. Commercial information and preferences, such as purchase information, favorite teams and players, and other preferences.
e. Audio, visual, and similar information, such as when you call us or provide pictures or other content.
f. Inferences drawn from any of the information we collect to create a profile about you reflecting your preferences and characteristics.
We may use your personal information for the following purposes:
a. To provide you with products and services, such as to respond to your inquiries, process transactions and payments, fulfill your order, communicate with you, authenticate users, verify your eligibility for certain programs or benefits, and otherwise facilitate your relationship with us.
b. For marketing, such as to market Fanatics goods and services or those of our affiliates, Business Partners, and other third parties. You can always unsubscribe to Fanatics email marketing via a link in the email or by contacting email@example.com and requesting the removal of contact information from marketing purposes. We may make additional methods available to you from time to time for you to unsubscribe from marketing. In addition, if you have provided us with a mobile phone number and we have separately obtained your consent to participate in our SMS marketing campaigns on behalf of ourselves or our affiliated entities, we may use such information in accordance with that separately obtained consent.
c. For insights, such as to identify trends and make inferences about you and your interactions with us or our affiliates and Business Partners, such as to analyze your behavior and preferences, and to evaluate and improve the products and services of our affiliates and Business Partners.
d. To comply with legal obligations, including keeping records required by law or to evidence our compliance with laws or to provide information to law enforcement.
e. For internal business and operational purposes, such as:
i. For our internal business administration, such as to manage customer accounts, including keeping general records of customers, sales, customer care, and other interactions;
ii. Auditing related to our interactions with you;
iii. For security purposes, such as to protect genuine customers and our business from fraud, to minimize the risk of false details being used, and to avoid abuse by fraudsters;
iv. To manage competitions or other promotions that you have chosen to participate in;
v. To comply with contractual obligations;
vi. To improve or develop our products and services (including our marketing activity more generally), including operating our Website and improving or personalizing your experience (such as building profiles about you or how you interact with us); and
vii. For internal research and quality assurance.
We may use de-identified, anonymized, or aggregated versions of your personal information for any purpose.
a. Affiliates: We may share your personal information with our affiliates, parents, and subsidiaries.
b. Service Providers: We may permit our vendors and subcontractors to access your personal information in connection with performing services for us. For example, in order to process your transactions, we may share your personal information with certain third parties, such as your credit card issuer, a third-party credit verification company, the product handler, the delivery service, and vendors who may ship product to you directly from their warehouse (called drop-ship vendors). Other service provider examples include IT providers, internet service providers, and data analytics providers. We also use service providers to help us anticipate, prevent, and detect fraud. Before personal information is disclosed to such a party, we endeavor to require the party to agree to protect the privacy and confidentiality of your personal information.
c. With Third Parties to Provide You with Services or Communications: We may disclose your information to third parties to provide you with services or benefits. For example, if you participate in our Fan Cash program, we may share your personal information with Business Partners and other third parties to operate the program and allow you to acquire and redeem points.
d. With others for Legal, Security, or Safety Purposes: We may share your personal information: (a) as required by law or legal process; (b) to investigate suspected fraud, harassment, or other violations of any law, rule, or regulation; and (c) to investigate suspected violations of any terms or policies applicable to the Website or the services provided by us or our third party providers or affiliates.
f. With Business Partners for their Own Purposes: We may share your personal information with third parties for their own purposes (“Business Partners”) (or their service providers), such as for marketing purposes. In many cases, such sharing is related to our operation of the Website, such as sharing your personal information with a Business Partner (or their service provider) when you purchase that Business Partner's merchandise from us (e.g. a brand or team). Other examples of Business Partners that might receive your information include social media networks, partners who work with us on promotional or sponsorship opportunities available on our properties, data analytics companies and other companies that may use the data to help us drive advertising-related revenue (including those who may have registered in California as a “data broker”), and partners who advertise on our sites to measure advertising effectiveness. You may contact us to opt out of such sharing in some cases (See “Your Choices” below). However, we do not control how Business Partners use and share your information once they receive it. You will need to contact such Business Partners directly for information about their privacy practices or to exercise rights you may have (including if you would like to opt-out of receiving future emails from a Business Partner).
g. With other third parties with your consent.
Like many other websites and applications, we may automatically collect certain information regarding our Website's users. Such information may include, without limitation, the Internet Protocol ("IP") address (which may be used to determine your geographic location) of your computer/ internet service provider, your device ID, your zip code, the date and time you access the Website, the Internet address of a referring website, the operating system you are using, the sections or pages of the Website that you visit, and the images and content viewed. Some of the ways in which we or the Website may collect and use such information are further described below.
Additionally, we may employ, either directly or through trusted third parties, tracking pixels. Tracking pixels are tiny, transparent graphics with a unique identifier, similar in function to cookies, and are used to provide analytical information concerning the user experience as well as to support custom marketing activities for users of the Website. In contrast to cookies, which are stored on a user's computer hard drive, tracking pixels are embedded invisibly on web pages. The Website may use tracking pixels to help us better manage content, such as by improving the user interface or improving our marketing programs or the marketing of our affiliates, Business Partners, and other third parties (including for Interest-Based Advertising as described below). The Website may use information to create aggregate tracking information reports regarding user demographics, traffic patterns and purchases. We may also link tracking information with personal information.
We may use information we collect (alone or in combination with information provided by third parties and service providers) to deliver targeted advertising (about Fanatics or other third party products and services) to you when you visit our Website or other websites. Information about you (such as email address) as well as cookies and other tracking technologies (described above) may be used in this process. For example, if you are searching for information on a particular product, we may use that information to cause an advertisement to appear on other websites you view with information on that product. We may, now or in the future, have the ability to engage in “cross-device matching” to display targeted advertisements to you across browsers and devices (as described in Section 5 above). Examples include (i) social media networks; (ii) data analytics and AdTech companies (including those who may have registered in California as a “data broker”); (iii) in certain cases cookies that support a particular licensor’s advertising or business activities; and (iv) media providers.
If you would like to opt-out of these interest-based advertisements, please see the Opt-Out Process/Options and Additional Terms below in Section 10.
We will retain your personal information for as long as your account is active (as determined by us) and for a reasonable time thereafter, or such other time period as prescribed by law. We also may retain your personal information for a longer period of time as needed to provide you services or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your personal information, we may continue to retain and use aggregate, anonymous data previously collected and/or anonymize and aggregate your personal information.
We strive to offer you with choices about how information is used and shared. There are several ways in which you may opt out of the various programs and services we provide. Some of the ways in which you may opt out are described below. This section pertains specifically to choices with respect to Fanatics and Fanatics Entities. In order to exercise your rights with NASCAR, please contact them directly at NASCAR Privacy.
Opting Out of Our Services. If you receive an email from us, you may (i) unsubscribe from all future unsolicited commercial emails from us through a link, typically at the bottom of the e-mail, or (ii) use our email preference center, also typically available through a link at the bottom of the e-mail, to opt out of receiving certain types of emails from us while continuing to receive other types of emails. If you have an account with us, you may opt-out of some or all future unsolicited commercial communications by updating your account's personal information settings. If you participate in our referral program, the friend you referred may contact us at firstname.lastname@example.org to opt out of future communications from us. Mobile browser cookies require a separate opt-out, as explained below. In addition, you may request that we delete your personal information by emailing your request to email@example.com and we will process your request within a reasonable time after receipt, subject to our rights under the Data Retention section above.
Mobile Application-Based Opt-Outs. To the extent we have launched an App, cookie-based opt-outs are not effective on mobile applications. You may opt out of certain advertisements on mobile applications or reset advertising identifiers via their device settings. To learn how to limit ad tracking or to reset the advertising identifier on your iOS and Android device, click on the following links:
Location Data Opt-Out. In some cases, such as when using a mobile browser, you may also adjust the settings on your mobile device to allow or restrict the sharing of location information. For example, the "location" permissions on your mobile device may allow you to elect whether to never share location information with us, to share location information only while you are using the Website via your mobile browser, or always share location information even if you are not using the Website. If you elect to not share your location information, you may be unable to access some features of our services that are designed for mobile devices. Also, in the event that you prevent the sharing of location information, we may still estimate your general location based on the IP address you use to access our services.
You may request access to your personal information by contacting firstname.lastname@example.org. Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information, entitlement to challenge the accuracy and completeness of the information, and the ability to have it amended as is appropriate. You may request that we deactivate your account at any time by contacting us at email@example.com. You can help us maintain the accuracy of your information by notifying us of any changes to your personal information.
When you enter sensitive information, such as a credit card number on our order forms, we use reasonable security measures to protect the confidentiality of the personal information submitted to us both during transmission and after we receive it.
We are committed to the preservation of online privacy for all of our visitors, including children. We sell products intended for purchase by adults (i.e., those age 18 or older). If you make a purchase on our Website, you are representing that you are an adult. We will not knowingly collect any personal information from children under the age of 18 without the consent of that child's parent or guardian. If you are a child under the age of 18, you are not authorized to use the Website without consent from your parent or legal guardian. If we become aware that personal information from a child under 18 has been collected without such child's parent or guardian's consent, we will use all reasonable efforts to delete such information from our database. If any parent, guardian or other responsible adult becomes aware that we have collected personal information from a child under the age of 18, please contact us at firstname.lastname@example.org.
Fanatics Retail Group
8100 Nations Way, Jacksonville, FL 32256
or by email at email@example.com
To the extent you believe we have not addressed your concerns or otherwise choose to do so, you have the right to lodge a complaint with a supervisory authority. You may contact the US Federal Trade Commission regarding your concerns.
The categories of sources of personal information from which we collect personal information are detailed in Sections 1, 5, and 6, and are summarized as follows: (a) directly from you, (b) from your friends, (c) cookies and tracking technologies, (d) service Providers, (e) other third parties and publicly available information, and (f) cookies and internet-based technologies.
The business and/or commercial purposes for which we collect personal information are detailed in Sections 3.a-e, 5, and 6, and are summarized as follows: (a) to provide you with products and services, (b) for marketing, (c) for insights, (d) to comply with legal obligations, (e) for internal business and operational purposes, and (f) to enable your experience on, and our provision of services and activities related to your use of, our website, applications, and other online platforms.
Although we do not “sell” your personal information for money, the CCPA has defined “sale” to include many of the routine ways that most websites share data. As a result, it is possible that some of our data sharing practices with affiliates and Business Partners could be considered a “sale” under the CCPA as further described below.
Our data sharing practices are detailed in the chart below:
To our knowledge, we do not sell the personal information of minors under 16 years of age.
This section pertains specifically to the exercising of your individual rights with Fanatics and Fanatics Entities. In order to exercise your rights with NASCAR, please contact them directly at NASCAR Privacy.
California residents have certain rights, subject to legal limitations, regarding the collection, use, and sharing of your personal information. California residents may exercise the following rights via our Website at California Data Subject Request or by calling 855.221.8883.
• Right to Know. You have the right to request information about the categories of personal information we have collected about you, the categories of sources from which we collected the personal information, the purposes for collecting the personal information, the categories of third parties with whom we have shared your personal information, and the purpose for which we shared your personal information (“Categories Report”). You may also request information about the specific pieces of personal information we have collected about you (“Specific Pieces Report”).
• Right to Delete. You have the right to request that we delete personal information that we have collected from you.
• Right to Opt Out. You have the right to opt out of the sale of your personal information.
We will not discriminate against you, in any manner prohibited by applicable law, for exercising these rights.
Verification: In order to exercise your rights, we will need to obtain information to locate you in our records or verify your identity depending on the nature of the request. If you are submitting a request on behalf of a household, we will need to verify each member of the household in the manner set forth above. More information about our verification process is available at California Data Subject Request .
Authorized Agents: Authorized agents may exercise rights on behalf of consumers. If you are an authorized agent, we will request written and signed authorization from the consumer and will seek to verify the consumer as described here California Data Subject Request or we will accept a legal Power of Attorney under the California Probate Code. We will also require evidence of the agent’s identity and proof of registration with the California Secretary of State. To make a request as an authorized agent use the webform California Data Subject Request and email documentation demonstrating you are authorized to exercise rights on a consumer’s behalf to privacy@Fanaticsretailgroup.com.
Timing: We will process Requests to Opt Out within 15 business days. We will respond to Requests to Delete and Requests to Know within 45 calendar days, unless we need more time in which case we will notify you and may take up to 90 calendar days total to respond to your request.
Notice of Financial Incentive. For information about any current financial incentives click here.
Effective Date: January 1, 2020