Effective Date: August 9, 2021
In this Privacy Policy, we describe how Fubo Gaming Inc., and its affiliates, including but not limited to FuboTV, Inc., (“Fubo Gaming,” “Fubo Sportsbook,” “we,” “our,” or “us”) collects, uses, and discloses your information. We also describe the rights and choices you have regarding our use of your information. This Privacy Policy applies to the information that we collect about users of the Fubo Gaming website, www.fubosportsbook.com (“Site”); the Fubo Gaming mobile app (the “Gaming Apps”); and other websites and mobile apps or services that are owned and operated by us that link to this Privacy Policy (collectively, with the Site and Gaming Apps, the “Services”). Your information may also be directly collected by or shared by us with our market access partner(s) identified in the terms of service applicable to the Services you use, such as a casino, sports venue or other entity (“Market Access Partner”). The use of your information by Market Access Partners is subject to their privacy policies and terms.
Your use of the Services is subject to this Privacy Policy and our General Terms and Conditions, including the Terms of Service applicable to your jurisdiction. To the extent we provide you notice on our Services of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use. If you are a California resident, please see below for additional information regarding your California Privacy Rights.
Information collected through the Services is controlled by Fubo Gaming, which is headquartered in the United States.
PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.
This Privacy Policy contains the following sections:
We obtain a variety of information from and about you as you use the Services. Please note that we need certain types of information so that we can provide certain Services to you. If you do not provide us with certain information, or ask us to delete it, you may no longer be able to access or use our Services.
Information You Provide to Us
We collect information directly from you through your use of our Services. For example, we collect information from you through:
We will collect any information that you choose to provide to us. The information we and/or our service providers collect generally includes:
Information We Collect Through Automated Means
When you use our Services, we collect certain information automatically as described in this section. We and our service providers may use a variety of technologies, including wi-fi detection, cookies, and similar tools, to assist in collecting this information. You can learn more about our use of cookies and similar tools in the Cookies and Similar Technologies section below.
We and our service providers also may collect and combine diagnostic and usage information collected on our Services with other information about your online activities over time, including use of other devices, websites, or apps, if such services also use the same vendors.
Information We Collect from Others
We and our service providers use the information described above to accomplish the following business and operational purposes:
– process your registration, verify your identity and information, and confirm your eligibility to use the Services;
– process and track your transactions (including wagers);
– monitor, process, and record gaming-related activity;
Please note that we may combine the information we collect through the Services with information that we collect automatically or receive from other sources and use such combined information in accordance with this Privacy Policy.
We may also aggregate, de-identify, and/or anonymize any information collected through the Services in such a way that we cannot reasonably link information to you or your device. We may use such aggregate, de-identified, or anonymous information for any purpose, including without limitation for research and marketing purposes.
We and our service providers will share the information we collect from and about you for the business and operational purposes listed below. Information about player accounts that is not subject to disclosure pursuant to this policy will be kept confidential except where disclosure is required by law.
We may share or disclose such aggregate or anonymous information with any third party, including advertisers, promotional partners, and sponsors.
To collect the information in the “Information We Collect Through Automated Means” section above, we and our service providers use web server logs, cookies, tags, tracking pixels, and other similar tracking technologies (“Cookies”).
Cookies are typically classified as either “session cookies,” which do not stay on your device after you close your browser or “persistent cookies,” which will usually remain on your device until you delete them or they expire. Sometimes cookies are placed by us (“First-Party Cookies”) and sometimes they are placed by others (“Third-Party Cookies”). Different cookies are used to perform different functions on our Services:
There are a number of ways you can manage what cookies are set on your devices. If you do not allow certain cookies to be installed, the Services may not be accessible to you and/or the performance or features of the Services may be compromised. See Online Analytics and Advertising for more information.
Analytics
We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
If you receive email from us, we may use certain analytics tools, such as tracking pixels, to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
Online Advertising
The Services may allow third-party advertising technologies to place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about you to assist in the delivery of relevant advertising about the Services on other websites you visit and other services you use.
We neither have access to, nor does this Privacy Policy govern, the cookies or other tracking technologies that may be placed on the device you use to access the Services by such non-affiliated third parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt out of receiving tailored advertising from companies that participate in those programs. To opt-out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. Please note that these opt-outs apply per device, so you will have to opt-out for each device through which you access our Services.
Non-gaming information and non-live gaming data collected by us through the Services is stored on secure servers located in the United States. Wagering data collected by us through the Services is stored on secure servers in various states as required by law. We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access. We securely erase your information from all storage devices before any storage devices are disposed of, and where that is not possible, we destroy the devices.
However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Services and that any such transmission is at your own risk. You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to share your login credentials with anyone.
We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
The Services may contain links to third-party websites, third-party plug-ins (e.g., Facebook, Instagram, and Twitter). If you choose to use these websites, plug-ins, or services, you may disclose your information not just to those third parties, but also to their users and the public more generally depending on how their services function. If you choose to use these services, we are not responsible for the content or practices of such third-party websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.
Marketing Communications
If we send you marketing communications in your jurisdiction (based on our relationship with you, your consent, or applicable law), you may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below.
In commercial email messages, you can also opt-out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt-out of certain operational emails, such as those reflecting our relationship or transactions with you.
To opt out of SMS messages from Fubo Gaming, please follow the directions in the SMS Terms.
Accessing, Correcting or Deleting Your Information
You may access or correct certain of your information in your account by logging into your account or by requesting changes by emailing us at privacy@fubosportsbook.com. You may request deletion of certain personal information maintained by us. We will use commercially reasonable efforts to honor your deletion request, but please note that we may be legally or otherwise required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). Deletion requests may be made by emailing us at privacy@fubosportsbook.com. After we delete information, it may remain in back up for a certain time. We may also retain your information to prevent fraud or other unlawful activity or for similar purposes. You may have additional rights depending on your jurisdiction. Please see “Additional Information for Residents of Certain Jurisdictions.”
Privacy Rights
Your local laws (such as those in the California or Nevada) may permit you to exercise certain rights with respect to the information we collect from and about you. Please see Additional Information for Residents of Certain Jurisdictions for more information.
Your local laws may entitle you to additional information or permit you to exercise certain rights with respect to the information we collect from and about you. Please note that your rights vary depending upon your location, and that we may request you provide us with information necessary to confirm your identity before responding to your request as required or permitted by applicable law. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you or to comply with a legal obligation. In some circumstances, if you still ask us to delete your information, you may no longer be able to access or use our Services.
California Residents
Additional Information
If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to provide you with some additional information.
Under the CCPA, we are required to provide you with the “categories” of personal information (in addition to the specific pieces outlined above) we collect. Depending upon the types of services you use, the categories we collect are: identifiers (such as name, address, email address); commercial information (such as transaction data); financial data (such as credit card information); internet or other network or device activity (such as browsing history or app usage) demographic information (age); location information; user-generated content; inference data about you (e.g., the additional products and services we think you may be interested based on prior purchases or usage data); and other information that identifies or can be reasonably associated with you. Please see The Information We Collect for more information.
We use the above categories of information that we collect from you and from Market Access Partners, social media companies, researchers, consumer data resellers, and analytics partners in order to provide and manage the Services you request; to contact you; to analyze the use of our Services; to market our Services to you; for bug detection and error reporting; to audit consumer interactions on the Services; to protect the rights of the us and our Services; for legal compliance; and with your consent. For more detail regarding the purposes for which we use information, please see How We Use Information for more information.
Depending on the circumstances, we may share any of the above categories of information we collect with: business partners to provide you with services that you request; service providers; Market Access Partners, other parties, including government entities, when required by law or to protect our users and services; social media services pursuant to that service and your settings; and with your consent or in connection with a corporate transaction. In addition, we may share commercial information and financial data, including your payment information, with payment processors, and we share device information and identifiers and internet or other network or device activity with entities that provide content, advertising, and functionality. See the How We Use Your Information and How We Share and Disclose Your Information for more information.
Sale of Personal Information
The CCPA sets forth certain obligations for businesses that “sell” personal information to third parties. The CCPA defines “sale” broadly potentially to include allowing third parties to receive certain information such as cookies, IP address and/or browsing behavior in order to enable us to market our Services to you on other websites or apps.
Depending on what Services you use, we may share (and over the past 12 months may have shared) the following categories of information for such advertising: identification and demographics; device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history or app usage; geolocation information, such as city; and inference data.
In addition, we may provide some of your information, including contact information or identifiers along with your interests and/or activities on the Services and device identifiers, in a way that constitutes a sale to third parties, including but not limited to sports leagues, sports venues, sports teams, Market Access Partners, sponsorship partners, customer marketing referral partners, and other business partners, in order to improve the marketing messages you receive from us and them and to enhance the data they have about you for their own marketing purposes.
If you or your authorized agent would like to opt out of our sharing of your information for such purposes (to the extent this is considered a sale), you may do so by emailing us at privacy@fubosportsbook.com.
California Privacy Rights
If you are a California resident, the CCPA allows you (or an authorized agent acting on your behalf) to make certain requests related to your personal information, including that we:
The CCPA further provides you with the right not to be discriminated against (as provided in applicable law) for exercising your rights.
Certain information may be exempt from such requests under California law. We will take reasonable steps to verify your identity before responding to a request. If you would like further information regarding your legal rights under California law or would like to exercise any of them, or if you are an authorized agent making a request on a user’s behalf, please contact us at privacy@fubosportsbook.com and include “CCPA Consumer Request” in the subject.
The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. California residents may contact us at: 1 N Dearborn St, Suite 725, Chicago, IL 60602, Attention: General Counsel – Privacy. In the body of your request, you must include: “California Shine the Light Request”, your name, a current California address including, street address, city, state, and zip code, as well as sufficient information for us to determine if the law applies to you. You will need to attest to the fact that you are a California resident. We will not accept requests by telephone, email, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
Nevada Resident Privacy Rights
Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” (as such terms are defined by Nevada law) to another person for monetary consideration. Please contact us at privacy@fubosportsbook.com to opt out.
Employees, Operators, or Consultants of a Sports Governing Body
As indicated in our General Terms and Conditions, employees, operators, or consultants of a sports governing body are prohibited from participating in certain games or aspects of the Services where such employee, operator, or consultant is prohibited from participating by such governing body (“Prohibited Users”). For clarity, examples of sports governing bodies are the National Football League, Major League Baseball, and the National Basketball Association. We may report any participation in the Services by any Prohibited Users to the applicable sports governing body.
Persons Under 21
The Services are intended for adults age 21 and older only. If you are under 21, you may not access, attempt to access, or use the Services or attempt to circumvent our age verification mechanisms. We do not knowingly collect or allow the collection of personal information via the Services from persons under 21. If we become aware that a visitor to our websites is under 21 and has registered with the Services, we will remove his or her personal data from our files. We also comply with other age restrictions and requirements in accordance with applicable local laws.
Prohibited Persons As Defined by State Laws
The State laws in the various jurisdictions where Fubo Gaming operates may also impose additional restrictions on persons who are prohibited from participating in certain games or aspects of the Services.
We reserve the right to amend this Privacy Policy at any time. We will make the revised Privacy Policy accessible through the Services, so you should review the Privacy Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” at the beginning of this Privacy Policy. If we make a material change to this Privacy Policy, we will provide you with notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.
If you wish to contact us regarding our information practices or in relation to this Privacy Policy, please email us at privacy@fubosportsbook.com.
Fubo Gaming Inc.
1 N Dearborn St, Suite 725
Chicago, IL 60602
Attention: General Counsel
privacy@fubosportsbook.com