Privacy Policy

1. Introduction

ROTORACKET LLC and as applicable, its subsidiaries and affiliates (collectively, “The Drop Shot,” “Drop Shot,” “we,” “our,” or “us”) own and operate the Drop Shot website (https://dropshotft.com/) and mobile app(s), through which we offer free-to-play games, paid-entry contests of skill, event contracts, and other games, tools, content, products and services (collectively, the “Service”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website dropshotft.com, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). Please read this privacy policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access the site.

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification.

You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.

2. Collection of Your Information

By using our Services and by submitting information to us through your use of our Services then this Privacy Policy will apply. You provide certain personal information to Drop Shot when choosing to participate in the various activities on the Services such as registering for an account, participating in contests, posting messages, taking advantage of promotions, responding to surveys or subscribing to newsletters or other mailing lists, or otherwise communicate with us or make a request on the Services. If you contact us, by email, text message, phone call, or otherwise, in addition to any personal information we may receive, we may record and store the contents of those communications ourselves or using a third-party vendor. We may use the contents of these communications for training or other purposes and to satisfy our legal, auditing, and other obligations, or for any reason set forth in this Privacy Policy. Your communications with us might include requests, questions, and/or issues regarding your use of the Services or other topics you might raise.

2.1 Personal Information We Collect

The personal information we collect from you generally may include:

• Your name
• Email address
• Date of birth
• PayPal or credit card billing information
• Contacts you choose to submit
• Profile photo
• Username
• Location
• Your preferences
• Submissions to various competitions and promotions
• Responses to surveys
• Communications sent to us by you
• Your subscriptions to newsletters and services offered by us
• Any other information you submit to Drop Shot when choosing to participate in various activities on the Services

2.2 Identity Verification

In addition to the above, we may need to verify your identity in order for you to use some aspects of the Services. For purposes of verification, we may also collect the following personal information from you (for compliance reasons, provision of this information, when requested, is a mandatory condition of using our Services):

• Passport information
• Driving license information
• Other identification documents
• Permanent and temporary address
• Tax-related information
• Other information as may be required to verify you in accordance with applicable laws and regulations

2.3 Mobile Device Information

When you use our mobile app(s), we also may collect mobile device information like operating system and hardware type, numbers or codes that are unique to your particular device (such as IDFA or an Android Ad ID), device information, default device language, the location of your device (at a GPS level), and app usage information. This data also may be linked to your other information, including your location data. Our Services use precise location-based services (e.g., location collected through GPS technology) in order to locate you so we may verify your location, process payments, perform analytics, deliver you relevant content and ads based on your location, share your location with our vendors as part of the location-based services we offer, and for purposes of legal and regulatory compliance. We also collect non-precise geolocation data (i.e., the city and state in which your device is located based on its IP address). This non-precise geolocation data allows us to customize your experience, give you access to content that varies based on your general location, and serve you ads that are relevant to you. Both precise and non-precise geolocation may be disclosed to third party entities pursuant to Section 4.10 below.

2.4 Social Networking Services

If you choose to log in, access or otherwise connect to Drop Shot, or contact Drop Shot, through a social networking service (such as Instagram), we may collect your user ID and user name associated with that social networking service, as well as any information you make public using that social networking service. We may also collect information you have authorized the social networking service to share with us (such as your user ID, public profile information, email address, birthday, friends list, and pages you have “liked”).

2.5 Cookies Information

When you visit the dropshotft.com website, we may send one or more cookies — small files — to your computer or other device, which may enable us or others to uniquely identify your browser. The Drop Shot uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Sites. Persistent cookies can be removed by following your web browser help file directions. Session cookies are temporary and typically disappear after you close your browser. You may be able to reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Site or Service may not function properly if the ability to accept cookies is disabled.

2.6 Log File Information

When you use our Service, our servers may automatically record certain information that your device sends whenever you visit any website and use certain apps. These server logs may include information such as your web or app request, Internet Protocol (“IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

2.7 Information from Third Parties

The Drop Shot may also collect information about you from third parties, such as marketing partners, identity verification services, anti-fraud services and other service providers. You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to us or our service provider for the duration of your business relationship, solely to help us identify you or your wireless device and to prevent fraud.

3. Use of Your Information

3.1 Service Operations

We use your personal information to operate, maintain, and provide to you the features and functionality of the Services, including but not limited to:

• Providing you with our products and services, including our games
• Processing and responding to enquiries
• Personalizing your use of the Services
• Alerting you to new features, special events, products and services, or certain third-party products or services in which we think you will be interested
• Enforcing the legal terms that govern your use of the Service
• Investigating and protecting the integrity of Drop Shot’s contests

3.2 Marketing and Advertising

We may use your information (both personal and non-personal information) to send you marketing and advertising content, including sending you advertising through multiple channels, such as direct mail, email, push notifications, display media, and personal text messages. We may send you advertising or content regarding our products and services, or products and services that we market on behalf of another company, such as a sports team, a sports venue, or other entity.

3.3 Communications

We may use your information to communicate with you about:

• Our products and services in which you may be interested provided that you have not requested otherwise
• Newsletters and information for which you have signed up
• Non-marketing or administrative purposes (such as notifying you of major changes to the Service or for customer service purposes)

3.4 Service Improvement

We use your information to improve the quality and design of our Service and to create new features, promotions, functionality, and services such as by storing, tracking, and analyzing user preferences and trends.

3.5 Cookies and Tracking

We also use cookies, clear gifs, log file information, and mobile app information such as device identifiers for purposes such as (a) remembering information so that you will not have to re-enter it during your visit or the next time you visit our Service; (b) providing custom, personalized content and information; (c) monitoring the effectiveness of our marketing campaigns; (d) monitoring aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) tracking your entries, submissions, and status in promotions, sweepstakes, and contests.

3.6 Anonymized Data

We may anonymize, de-identify, or aggregate your information for any legitimate business purposes, including for reporting and research, or advertising. Such anonymized and/or aggregated data does not personally identify you. Sometimes, this information may be used to target more relevant content or offers to you across different devices — for instance, we may provide you with offers and content on your mobile device, based on your web-based activity.

3.7 Retention

We will retain personal information and the contents of our communications with you as long as necessary to fulfill these purposes unless the law requires us to keep it for a longer period of time. To provide security and business continuity for the activities described here, we make backups of certain data, which we may retain for longer than the original data. Iowa regulations require us to inform you that, to the extent feasible, we securely erase all customer information from hard disks, magnetic tapes, solid state memory and other devices before the device is securely disposed. If such erasure is not possible, the storage device is destroyed.

4. Disclosure of Your Information

4.1 We may disclose the information we collect or receive from you to our affiliated companies, agents, or other businesses, or third-party service providers who process your information on our behalf in order to provide or operate the Service. For instance, these entities may have access to your information for purposes including (but not limited to) billing and accounting, hosting, marketing, promotional and email services, customer and technical support, and for the purpose of accepting deposits and paying withdrawals, facilitating communications with you and/or providing customer support, and processing such information on our behalf, and in each case, may use the information to make improvements to the services they provide to us. Our agreements with these service providers limit the kinds of information they can use or process and require them to use reasonable efforts to keep your personal information secure. We do not disclose mobile phone numbers to unaffiliated third parties for their marketing purposes without your express consent.

4.2 When you choose to share information with social media services about your activities on Drop Shot by, for example, connecting your social media account to our Services, then Drop Shot may share your personal information and information about your use of the Services with such social media sites. Please make sure to read the terms and privacy statements of such sites prior to connecting to our Services in this way.

4.3 In the event that you win a prize we may use your personal information (such as your name and photo) in connection with publicity purposes.

4.4 In the event that you win a promotion run by us we may be required to either publish or make available upon request your name and county in accordance with applicable legislation.

4.5 We may publish a profile page that includes your username, the date you became a member, your stats from previous contests and, if you uploaded one, your profile picture. Where you post personal information about yourself through our Services to public areas of our Services, you acknowledge and agree that this personal information will be publicly available.

4.6 When you participate in a contest or skill game, we may publish your username on a list of the contest or skill game participants, along with a link to your profile page.

4.7 Where you have provided your consent, we may share your personal information with selected third parties for their commercial or marketing use in conjunction with your relationship with Drop Shot or as part of a specific program or feature.

4.8 In addition, we may disclose to third parties various types of your information for targeted online or mobile advertising, as further described in the Section titled “Third Party Advertising and Analytics.”

4.9 We also may share personal information in other situations with your consent.

4.10 We may access, use, preserve, transfer and disclose any of your information (including the content of your communications with us, device identifiers, and personal information, including precise geolocation data and other potentially sensitive personal information) to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Services, its integrity, and our Terms of Service or other policies applicable to the Services, including the investigation, determination, or validation of potential violations thereof; (iii) to report violations of Drop Shot’s eligibility rules to third parties, including employers of individuals affiliated with other daily fantasy sites; (iv) to protect the safety, rights, property, integrity, or security of the Services or any third party; and/or (v) to detect, prevent or otherwise address fraud, security or technical issues. Such potential disclosures include disclosing Personal Information and Device Identifiers to gaming regulators, leagues, associations, governing bodies, sports teams, colleges or oversight agencies or boards (or their designated vendors) in relation to the enforcement of our Terms of Service and their rules governing authorized betting, including in connection with identifying or overseeing their athletes, employees, personnel, or members.

4.11 In the event that Drop Shot is involved in a merger, acquisition, sale, bankruptcy, insolvency, reorganization, receivership, assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, or other change of control, there may be a disclosure of your personal information to another entity related to such event.

4.12 Recipients of the data disclosures described in this Privacy Policy are located in the United States and elsewhere in the world, including where privacy laws may not provide as much protection as your country.

5. Legal Bases for Processing Personal Data

Some laws require companies to tell you about the legal grounds they rely on to process your personal information. To the extent those laws apply, we process your personal information on the following bases:

5.1.1 Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests in commercial activities such as the following in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:

• Customer service
• Marketing
• Protecting our players, personnel and property
• Analyzing and improving our business
• Processing job applications
• Managing legal issues

We may also process personal data for the legitimate interests of our affiliates or business partners, such as to offer special events or contests or assist with marketing.

5.1.2 Processing for the contract: Some of our processing of personal data is to meet our obligations with respect to our players and partners.

5.1.3 Consent: Where required by law, and in some other cases, we handle personal data on the basis of your implied or express consent.

5.1.4 Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.

6. Third Party Advertising and Analytics

6.1 We work with a number of companies that assist in marketing our services to you on third party websites. These companies may collect information about online activities conducted on a particular computer, browser or device over time and across third-party websites or online services for the purpose of delivering advertising that is likely to be of greater interest to you, including about our Services, on sites and apps of third parties. Also, certain ads appearing on our Services are delivered by our advertising partners. Our advertising partners may use cookies and other similar technologies, often in conjunction with unique (anonymous) cookie identifiers, to collect data about your activities and interests, including the technologies described above. Doing this allows the ad companies to recognize your computer or device each time they send you an online or mobile advertisement. In this way, the ad companies may compile information about where you, or others who are using your computer or device, saw their advertisements and measure your interaction with each ad. This information allows ad companies to deliver targeted advertisements that may be of increased interest to you, both on our Services and elsewhere online.

6.2 To learn more and to opt out of the collection of data on our website by third parties (including those described above) for interest-based advertising purposes, please visit www.aboutads.info/choices or www.youronlinechoices.com. The use of cookies or other tracking technologies that may be placed on devices you use to access our Services by non-affiliated third parties is governed by the privacy policies of those third parties. Please note that these opt-outs apply per browser and per device, so you will have to opt out for each device — and each browser on each device — through which you access the Service. Note that opting out will not affect the quantity of ads you see online but likely will cause the ads to be less relevant to you.

6.3 We may also work with third-party analytics companies to collect data on our Service through cookies and other automated means. In some cases, the third parties mentioned in this section may maintain the information they collect in personally identifiable form. These services allow us to view a variety of reports about how visitors interact with the Services so we can improve our website and understand how people find and navigate it.

7. Information Security

7.1 We are committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. Whilst neither we, nor any other organization, can guarantee the security of information processed online, we do have appropriate security measures in place to protect your personal information. For example, we store the personal information you provide on computer systems with limited access that are located in facilities to which access is limited.

7.2 To further protect your privacy and security, we reserve the right to take reasonable steps (such as requesting your password) to verify your identity before granting you profile access or making corrections. Additionally, you should ensure your password is kept secret at all times. You will be responsible for maintaining the secrecy of your password and account information.

8. Your Rights and Choices

8.1 Drop Shot will process your personal information in accordance with this Privacy Policy, and as part of that Drop Shot provides you with certain choices about how we process your personal information. These choices are set out below.

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

8.3 We may occasionally send display media to you, in a targeted way, whether through web or mobile browsers or mobile applications. You may opt out of many third parties that support and send this type of targeting advertising by going to www.aboutads.info. You may opt out of tracking for mobile advertising through the settings on most smartphones.

8.4 If you use our mobile app, we may occasionally send you push notifications to your mobile device. You can turn off certain push notifications in the account settings of your Drop Shot mobile app. You can also turn off push notifications specific to our Services in the settings on your iOS device, or through the application manager in your Android device.

8.5 Marketing Communications: In accordance with applicable law, we or our vendors may send you marketing and promotional emails. If you would like to opt out of receiving email marketing, newsletters, or other promotional materials, you can opt out of these messages by updating your preferences in your account setting page, or follow the unsubscribe instructions in the email. Please note that even though you may opt-out of receiving marketing-related communications, we may still send you important administrative and transactional messages (e.g., notifications regarding updates to our legal terms).

8.6 Rights Regarding Your Information: Depending on your jurisdiction, you may have the right, in accordance with applicable data protection laws, to make requests related to your “personal information” or “personal data.” Specifically, you may have the right to ask us to:

• Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we disclose personal information
• Provide you access to and/or a copy of certain personal information we hold about you
• Correct or update personal information we hold about you
• Delete certain personal information we have about you
• Provide you with information about the financial incentives that we offer to you, if any
• Restrict or object to certain uses of your personal information
• Withdraw consent to using your personal information (which does not affect the legality of any processing that happened before the request takes effect)
• Opt you out of the processing of your personal information for direct marketing or purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable

Please note that certain information may be exempt from such requests under applicable law. For example, we need certain information in order to provide the Services to you. You may also have the right to opt out of “sales” of your information and “sharing/processing of your information for targeted advertising” as described below.

8.7 Opt Out of Sales / Targeted Advertising: Depending on your jurisdiction, you may also have the right to opt out of “sales” of your information and “sharing/processing of your information for targeted advertising.” If you are a California resident, please see Section 9 below for more information about our privacy practices and your rights.

8.8 We may disclose information to unaffiliated third parties we collaborate with or that provide offers that we think may be of value to you. We may also provide information to third-party advertising providers for targeted advertising purposes or use advertising analytics partners to assist us in analyzing use of our services and our user/customer base. Under applicable law, the disclosure of your personal information to these third parties to assist us in providing these services may be considered a “sale” of personal information or the processing/sharing of personal information for targeted advertising purposes.

9. Notice to California Residents

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Site or our mobile application, you have the right to request removal of unwanted data that you publicly post on the Site or our mobile application. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site or our mobile application, but please be aware that the data may not be completely or comprehensively removed from our systems.

10. Contact

If you have questions or comments about this Privacy Policy, please contact us at: [email protected].

11. Changes and Updates

This Privacy Policy may be revised periodically and this will be reflected by the “Last updated” date above. Please revisit this page to stay aware of any changes. If a revision to this Privacy Policy, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account.