Effective Date: January 1, 2020
Not Covered by this Policy. This Policy does not apply to our job applicants who apply for employment with us, or to employees and other non-employee workers, such as our contractors.
Overview of Our Collection and Use of personal information
Name, contact information, and other identifiers: identifiers such as a real name, alias, address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, or other similar identifiers.
Customer records: other paper and electronic customer records containing personal information, such as name, signature, physical characteristics or description, address, telephone number.
Characteristics of protected classifications under California or federal law: characteristics of protected classifications under California or federal law such as race, color, sex, age, religion, national origin, and disability.
Commercial information: including records of products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.
Usage data: such as internet or other electronic network activity information, including, but not limited to, browsing history, clickstream data, search history, and information regarding an interaction with an internet website, application, or advertisement.
Biometric information: physiological or behavioral characteristics that can be used alone or in combination with each other to establish individual identity, including facial recognition (subject to applicable laws and where relevant to the Services we provide to you).
Geolocation data: precise geographic location information about a particular individual or device.
Audio, video, and other electronic data: audio, electronic, visual, or similar information such as, CCTV footage, photographs, and call recordings.
Profiles and Inferences: inferences drawn from personal information to create a profile reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.
Uses Of Personal Information
- Providing our Services and related support
- Protecting the integrity of the Services
- Safety, Recall, and Warranty
- Analyzing and improving our Services
- Personalizing content and experiences
- Advertising, marketing, and promotional purposes
- Supporting our general business operations
- Securing and protecting our assets and rights
- Defending our legal rights
- Auditing, reporting, corporate governance, and internal operations
- Complying with legal obligations
California residents. If you are a California resident, please be sure to review the section Additional Information for California Residents below for important information about the categories of personal information we collect and disclose and your rights under California privacy laws.
Information We Collect
Sources of Personal Information. The information we collect varies depending upon the circumstances and the Services you use. We may collect personal information directly from individuals, for example if you register for an XFL account or communicate with us. We also may collect personal information from external third parties, such as platform providers, ticket sellers, social media sources, and others with whom we work with to make available our Services to you. We also collect personal information automatically about how individuals access and use our Services or otherwise interact with our Services.
Information We Collect Directly From You. We collect your personal information when you voluntary provide it to us. However, if you decline to provide us with certain personal information, you may not be able to access certain Services or we may be unable to fully respond to your inquiry. We generally collect the following personal information from you:
- Registration and Profile Information. To access and use certain Services (e.g., to register and create an account, download offers from us, such as desktop applications (e.g., screensavers), use a mobile application, or access subscription-based Services, we may require you to register with us, by providing us with certain personal information, identified on the registration page as required information. Depending upon the Services you use, this may include your name, user name, password, age, address, email, and other contact information, including phone and mobile number; certain Services will not be available if you decline to provide required information. We also may ask you or allow you to submit additional information, which may include your alias, team preferences, a profile picture, and other similar profile information.
- Administering Contests, Sweepstakes, and Prizes. If you participate in one of our promotional or special events, including contests and sweepstakes, we collect personal information about you to administer the contest registration and prize acceptance. Such information generally includes your name, email, contact information, address, and other similar information.
- Purchases and Payments Information. If you make a purchase, for example buy XFL merchandise through our online shop, or sign up for certain subscription-based Services, you are required to provide your payment information, including name, billing and shipping address and details, payment type, as well as credit card number, or other payment information (e.g., Google Pay, Apple Pay, or PayPal). We work with third payment processors and fulfillment partners to process these payments. However, we do not collect, receive, process, or store payment card numbers; this information is collected directly by these third parties. Depending upon the Service, we may receive your username, name, email, the payment type, product(s) or service(s), and other transaction details, and maintain records of your purchase and subscription history.
- Marketing and Promotions. Individuals can sign up online or in-person (e.g., at a football game, other XFL event, or third party organized in-person promotional event) to receive direct marketing communications from us, including newsletters, emails about the League and games, XFL product and service developments, and upcoming game schedules. We collect your email address, and we may also collect your name, team, and other preferences, and if relevant, information about your account and the Services you use. We may also run contests, sweepstakes, or other events or activities (collectively, “Events”) on our websites and social media channels. Information collected for these Events may include your name, email address, shipping address, gender, age, and other personal or demographic information.
- Your Communications. When you email us, call us, or otherwise send us communications regarding the Services, we collect and maintain a record of your contact details, communications, and our related responses. We also may maintain records of any in-app communications and information that you post in live-chat sessions, forums, blogs, and in other community areas of the Services.
- Your Content. We may allow you to post information (including personal information) about yourself in the course of contributing user generated content through our Services, such as by contributing comments, ratings, videos, pictures, and other similar content in community areas of the Services. We may, for example, allow you to submit videos containing your physical likeness and other personal information you choose to disclose in the video. We may display such user-created video submissions, disclosing the user's name, self-identified "nickname" and location (city, state, and country) on our Services. Please note that information that you disclose or allow us to post in any of these public areas of the Services is publicly viewable information and may be accessed by other website or application visitors or users of the Services. For example, your video, including user name, alias, and other profile information may be viewable by others, as well as certain other data that may identify you.
Information We Collect from Third Parties.
We also may collect personal information about you from third parties, such as partners or ticket sellers we work with. We may combine such information with information we already have collected about you. For example, we may enhance or update the personal information we have about you with information obtained from third party sources. We also may collect device identifier information from mobile applications you use or e-mail or similar lists from third parties for advertising and marketing purposes. We also collect information about how individuals interact with us or comment about XFL and our products and services available through social media. Additionally, if you take advantage of a third party or affiliate offer through the Services, we may collect certain information from that third party about your interaction with them.
Third-Party Sign-On. We may allow you to login through certain third-party accounts (e.g., Google, Apple, or Facebook) (each a “Third Party Account”) to your account with us or connect such accounts. Third Party Accounts are operated and managed by third parties (each a “Third Party Platform”), and subject to the respective privacy policies of each Third Party Platform. When you link a Third Party Account to use our Services, you may be able to connect and interact with and share certain information and content with your friends and network from that Third Party Account, and, in some cases, you may be able to make purchases through or earn rewards (subject to applicable program terms) from that Third Party Account. If you choose to login this way, you are asked to share certain information with us (which may include name, email, friends, and public profile information); the specific information and whether it is required or optional is stated on the permissions page when you log in with the Third Party Account.
Information We Collect Automatically. We collect personal information about how you use the Services and interact with us and others, such as information we collect automatically (e.g., using cookies and pixel tags), as well as information we derive about you and your use of the Services. We may link this personal information with the other information we have collected about you.
- Usage Data. We automatically collect information about you through your use of our Services, including log files, IP address, app identifier, advertising ID, location info, browser type, device type, domain name, the website that led you to our Services, the website to which you go after leaving our Services, the dates and times you access our Services, and the links you click and your other activities within the Services (“Usage Data”). We also may use pixels to collect information about how individuals interact with our Services, for example if they read the emails we send to them. See the Cookies and Other Tracking Information section below for more information.
- Location Data. Certain of the Services, such as our location-enabled mobile applications, may capture and record actual geolocation and general location data about you, your IP address, or the device you use to access the Services. We also may link location data to other information that we have about you or collect in connection with your use of the relevant Services.
- Other Data. If you visit a physical location owned, leased, or controlled by the XFL, we may use CCTV and other security monitoring to secure our premises, which may lead to the collection of personal information about visitors to our premises.
How We Use Personal Information
We may use the personal information we collect for the following purposes:
- Providing Our Services. To provide and maintain our Services; to improve our Services; to authenticate users and accounts; to perform technical operations, such as updating software; to provide and communicate with you about our Services and other products and services; to respond to your requests; to administer Events that you participate in; to fulfill your orders, and process your payments; to provide technical support; and for other customer service and support purposes.
- Analyzing and Improving Our Services. To better understand how individuals access and use our Services, for other research and analytical purposes, such as to evaluate and improve our Services and business operations, develop new features, products, or services, and to otherwise improve our Services and user experiences.
- Personalizing Content and Experiences. To tailor content we send or display on the website or Services in order to offer location customization and personalized help, including target push notifications/alerts, and determine what is shown in the main navigation of a website or application, and to otherwise personalize your experiences, such as by recommending or offering special promotions for events and games in your local area; or to reach you with more relevant ads and to measure ad campaigns.
- Marketing and Promotional Purposes. To send you newsletters, offers, or other information we think may interest you and contact you about our products or services, upcoming games, developments in the League, or other information we think may interest you; and to administer promotions and contests, including to notify winners, and to promote other services we offer. Where you allow us to do so, we also may send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level or as further described in the Your Rights and Choices section below. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.
- In Support of Our General Business Operations. Where necessary to the administration of our general business, accounting, record keeping, and legal functions, including to analyze operational and business results and risks, to collect outstanding amounts owed, and maintain business records.
- Securing and Protecting Our Assets and Rights. To protect our business operations, secure our network and information technology, assets and services; to prevent and detect fraud, unauthorized activities, access, and other misconduct; where we believe necessary to investigate, prevent, or take action regarding suspected violations of our Terms and Conditions and other agreements with you, as well as fraud, illegal activities, and other situations involving potential threats to the rights or safety of XFL, any person, or third party.
- Complying with Legal Obligations. To comply with the law or legal proceedings. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements.
Aggregate and De-identified Information. We also may use and disclose de-identified information and create anonymous and aggregated data sets and reports in order to assess, improve, and develop our business, products, and services, prepare benchmarking reports, and for other research and analytics purposes.
How We Disclose Personal Information
We disclose personal information to our vendors and others who we work with to make certain services available and in order to provide and improve our products and services, reach users with more relevant information and offers, to make available third party offers you may be interested in, and as otherwise set out below.
- Owners and Affiliates: including owners and other related entities and their parents, subsidiaries, or affiliated companies, in order to provide portions of the Services or to provide other support for an XFL promotion.
- Vendors: including service providers, who use such data in order to perform functions on our behalf, such as product and/or experience customization, distribution of marketing and promotional products and materials, data collection, storage, management, analysis, ticket selling, location mapping, or payment processing.
- Third Party Partners: we may offer promotional content, such as a contest, sweepstakes, or promotion in connection with our Services. Such promotions also may be sponsored by or co-branded with a third party to whom we may disclose your personal information. From time to time, we are approached by third party companies and organizations that provide special offers or other offers that we believe may be of interest to you. In such cases, we may use your XFL account information to send out promotional mailings on their behalf. If you select to sign up for the third-party offer, we will share your account information with the third party offer provider.
- Third Parties: we share personal information with third parties we work with to make certain services available, such as our ticketing providers or analytics and research partners, and to our venue partners so they can accommodate your visit.
- Other Users: if you are an account owner and participate in one of our interactive features of the Services, such as forums, blogs, live-chats, or other functions, other users and website or application visitors may view the content you post. For example, your user and account member name or city you reside in may be visible to other XFL customers, users, and visitors.
- Business and Operational Purposes: we may disclose personal information in support of our business and operational purposes, including disclosure and transfer of personal information as part of any merger, acquisition, financing, sale of company assets, or interests in the respective company, or in the case of insolvency, bankruptcy, or receivership, including during negotiations related to such business transfers.
- Protecting Rights and Interests: we may disclose your information to protect or defend the safety, rights, property, or security of XFL, third parties or the general public, including to protect the Services, to detect, prevent, or otherwise address fraud, security, technical issues, or other activity which we, in our sole discretion, consider to be, or to pose a risk of being, illegal, unethical, or legally actionable activity. We also may use personal information as evidence in litigation in which we are involved, and as necessary to enforce this Policy or our Terms and Conditions and other applicable agreements with you.
- Legal Compliance: we may disclose your information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding, in response to a subpoena, warrant, court order, or other legal process, or as part of an investigation or request, whether formal or informal, from law enforcement or a government official.
Aggregate and De-Identified Information. We may use and disclose aggregate, anonymous, or de-identified information about individuals for marketing, advertising, research, compliance, or other purposes. For example, we use for such purposes the number of users who visited the website during a specific time period or redeemed a prize through the Services.
Cookies and Other Tracking Information
Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process or to allow us to track your activities while using our Services. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The “Help” portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Some of the Services may not work properly if you disable cookies.
Clear GIFs, pixel tags, and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your device’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also referred to as web beacons, web bugs, or pixel tags), in connection with our Services to, among other things, track the activities users of our Services, help us manage content, and compile statistics about usage of our Services. We and our service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Do Not Track (DNT). Our Sites currently do not respond to "do not track" signals. For more information about do-not-track signals, please click here. You may, however, disable certain tracking mechanisms in the cookie preference settings of your web browser and opt out of certain third-party ad cookies on our websites.
Online and Interest Based Advertising
Advertising XFL Products & Services: After you use the Services, our advertising partners may deliver XFL ads to your web browser when you are visiting other sites on the Internet. These ads are delivered based on cookies that are set by us or by our Third Party Ad Partners when you visit or use the Services, and that are recognized by these companies when you visit other sites. Please see the section above on cookies and the section below on ad choices to learn more about setting your web browser to block cookies.
Ad Choices. Certain Third Party Ad Companies participate in the Digital Advertising Alliance self-regulatory principles for online behavioral advertising. As part of this program, consumers have an ability to opt out of behavioral (targeted) advertising. Pursuant to these principles, you may control how participating Third Party Ad Companies use the information that they collect about your visits to our websites, applications, and Services, and those of third parties, in order to display more relevant targeted advertising to you; for more information and to opt-out of go to:
- www.networkadvertising.org/optout_nonppii.asp (Network Advertising Initiative)
- www.aboutads.info/choices (Digital Advertising Alliance)
Canada Users: www.youradchoices.ca/choices/ (Digital Advertising Alliance of Canada)
You may also click on the AdChoices icon for more information and to opt out. Opting out of participating ad networks does not opt you out of being served advertising. You may continue to receive generic or “contextual” ads on our Services. You also may continue to receive targeted ads on other websites, from companies that do not participate in the above programs.
Custom Audiences and Matching. We may share certain hashed customer list information (such as your email address) with third parties—such as Facebook and Google—so that we can better target ads and content to you, and others with similar interests, within their services. These third parties use the personal information we provide to help us target ads and to enforce their terms, but we do not permit them to use or share the data we submit with other third-party advertisers. You may opt out of this as set forth in our Your Rights and Choices section below.
XFL’s Services are not directed or targeted at children under 13 years of age. If you are a parent or guardian who has discovered that your child has submitted his or her personal information to XFL, we will make commercially reasonable efforts to delete the information from its database, at your request. To request the deletion of your child’s information, please email us at email@example.com and be sure to include in your message the same member name and password that your child submitted.
We have implemented a variety of safeguards designed to protect personal information from unauthorized access, use, or disclosure. However, no method of electronic transmission or storage is 100% secure. Therefore, we cannot guarantee its absolute security. You should take steps to protect against unauthorized access to your password, phone, computer, and other devices by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity.
Third Party Links
The Services are operated in the United States. By using our Services or providing any personal information to the Services, you acknowledge and understand and unambiguously consent to the collection, transfer, storage and processing of your personal information to and in the United States and this Policy in general.
Your Rights and Choices
You may access and update certain of your personal information by accessing and adjusting your account settings. Please note that we may maintain copies of information that you have updated, modified, or deleted in our business records and in the normal course of our business operations, as permitted or required by applicable law.
Marketing Communications. You may opt-out of receiving marketing communications from us by emailing us at firstname.lastname@example.org, or by contacting us via our toll free number as set out in the Contact Us section below. You also may opt out of email marketing by using the unsubscribe link in any such email we send to you. Further, if you have opted into and no longer wish to receive text messages from us you may opt out by texting STOP to cancel future text message (reply HELP for more information or help).
Please note that marketing opt-out requests will only remove you from our direct marketing list and the list of any Service Provider performing services on our behalf. We are not responsible for the use any other party may makes of your personal information transferred prior to your opt-out and in accordance with this Policy. In such case, you will need to contact the relevant entity to have your personal information removed from such entity’s database.
California Residents. California residents have certain rights, under California privacy laws, regarding their personal information, which are set forth in the Additional Information for California Residents section below.
Changes to this Policy
We encourage you to periodically review this Policy, as we may change our Policy from time to time, in which case we will post the updated Policy on our Services. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change, such as by changing the effective date of the Policy or notifying you at your email address of record. Your continued use of the Services following a change in this Policy represents consent to the updated Policy to the fullest extent permitted by law.
If you have any questions about this Policy or our privacy practices, please contact us via email at email@example.com, our toll-free number (888) 688-1409 or via mail at 600 Steamboat Rd, Suite 107
Greenwich, CT 06830.
Additional Information for California Residents
In this section, we provide information, as required under California privacy laws, including the California Consumer Privacy Act (“CCPA”), which requires that we provide California residents certain specific information about how handle their personal information, whether collected online or offline. This section does not address or apply to our handling of publicly available information made lawfully available by state or federal governments or other personal information that is subject to an exemption under Section 1798.145(c) – (f) of the CCPA.
Categories of personal information that we collect and disclose. Our collection, use, and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. The table below sets out generally the categories of personal information (as defined by the CCPA) about California residents that we collect and disclose to others for a business purpose. We collect these categories of personal information from the sources described in the Information We Collect section above, and for the purposes described in the How we Use Personal Information section above.
Categories Of Personal Information Collected
Do we collect?
Do we disclose for business purposes?
Name, contact information, and other identifiers such as a real name, alias, address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
Customer records such as other paper and electronic customer records containing personal information, such as name, signature, physical characteristics or description, address, telephone number.
Characteristics of protected classifications under California or federal law such as characteristics of protected classifications under California or federal law such as race, color, sex, age, religion, national origin, and disability.
Commercial information such as records of products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.
Usage data such as internet or other electronic network activity information, including, but not limited to, browsing history, clickstream data, search history, and information regarding a resident’s interaction with an internet website, application, or advertisement.
Biometric Information such as physiological or behavioral characteristics that can be used alone or in combination with each other to establish individual identity, including facial recognition (subject to applicable laws and where relevant to the Services we provide to you).
Geolocation data such as precise geographic location information about a particular individual or device.
Audio, video and other electronic data: audio, electronic, visual, or similar information such as, CCTV footage, photographs, and call recordings.
Profiles and Inferences such as inferences drawn from personal information to create a profile reflecting a resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.
California Residents’ Rights. California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below.
Do-Not-Sell. California residents have the right to opt-out of our sale of their personal information. We do not sell or otherwise share personal information about you except as described in this Policy.
Initial Notice: We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used. You can find our Initial Notice at the top of this Policy.
Verifiable Requests to Delete and Requests to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge:
Request to Delete: California residents have the right to request deletion of their personal information that we have collected about them and to have such personal information deleted, except where an exemption applies.
Request to Know: California residents have the right to request and, subject to certain exemptions, receive a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. California residents also have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the:
- categories of personal information collected;
- categories of sources of personal information;
- business and/or commercial purposes for collecting and selling their personal information;
- categories of third parties/with whom we have disclosed or shared their personal information;
- categories of personal information that we have disclosed or shared with a third party for a business purpose;
- categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party.
California residents may make a Request to Know up to twice every twelve (12) months.
Submitting Requests. To submit a Request to Know or Request to Delete, please submit a request online here or call us at (888) 688-1409 (toll free). We will respond to verifiable requests received from California residents as required by law.
Right to Non-Discrimination. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA. Discrimination may exist where a business denies or provides a different level or quality of goods or services, or charges (or suggests that it will charge) different prices, rates, or penalties on residents who exercise their CCPA rights, unless doing so is reasonably related to the value provided to the business by the residents’ data.
Financial Incentives. A business may offer financial incentives for the collection, sale, or deletion of California residents’ personal information, provided it is not unjust, unreasonable, coercive, or usurious, and is made available in compliance with applicable transparency, informed consent, and opt-out requirements. California residents have the right to be notified of any financial incentives offers and their material terms, the right to opt-out of such incentives at any time, and may not be included in such incentives without their prior informed opt-in consent.
You Rights Under California’s Shine-the-Light Law. Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us their personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use; such requests may be made once per calendar year for information about any relevant third party sharing in the prior calendar year (so, requests submitted in 2020 would be applicable to relevant disclosures (if any) in 2019). If you are a California resident and would like to make such a request, please submit your request in writing by emailing us at firstname.lastname@example.org or mailing us at XFL, 600 Steamboat Rd, Suite 107, Greenwich, CT 06830, using the subject line "Request for California Privacy Information." In your request, please attest to the fact that you are a California resident and provide a current California address. We will reply to valid requests by sending a response to the email address or physical address from which you submitted your request. Please note that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing and the relevant details required by the Shine the Light law will be included in our response.
For more information about our privacy practices, you may contact us as set forth in the Contact Us section above.