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Effective: June 10, 2020

PRIVACY POLICY

Fantasy Sports Shark, LLC (“we” or “us” or “our” or the “Company”) is dedicated to protecting the privacy rights of our users. This Privacy Policy explains how we will manage your personal information which we collect as a result of your use of the Monkey Knife Fight Fantasy Mobile Application (“MKF Fantasy App”). This Privacy Policy governs how we collect, use and share information from users of our website www.monkeyknifefightfantasyapp.com (the “Website”), the MKF Fantasy App, and our fantasy sports related services, materials, or content provided and/or made available through the Website and/or MKF Fantasy App (the “Services”) and/or any other mobile applications that we make available to you for download for the purpose of using the Services.

Please read this Privacy Policy carefully before using the Website, MKF Fantasy App, and/or accessing the Services. This Privacy Policy does not apply to any third-party websites, services, providers, or applications, even if such are available or accessible through the Website and/or our Services

BINDING EFFECT AND REVISIONS

By using the Website, MKF Fantasy App, and/or Services you agree to be bound by the terms of this Privacy Policy. We may review the Privacy Policy periodically and reserve the right to change the Privacy Policy at any time at our discretion. Please revisit this page to stay aware of any changes. IF YOU DO NOT AGREE TO THE PROVISIONS CONTAINED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OR ACCESS THE WEBSITE, MKF FANTASY APP, OR ANY SERVICES WE MAY PROVIDE. The terms contained in this Privacy Policy shall be read in conjunction with our Terms of Service (the “Terms”), found at https://www.monkeyknifefightfantasyapp.com/tos.html (the “Terms”)

COLLECTION OF PERSONAL INFORMATION

We will only collect information that is relevant for the purposes of providing the Services, including, but not limited to: (i) geo-location purposes, to ensure you reside in a jurisdiction in which your participation in the Services is permissible; (ii) in order to provide, test, promote, and improve the Services; (iii) in order to gather usage statistics for the Services; (iv) in order to administer your use of the Services and provide a customized user experience; (v) in order to provide access to third party content or services; and (vi) in order to fight spam, fraud, and other abuse of the Services.

When registering on the Website or MKF Fantasy App, and/or otherwise accessing the Services, you may be asked to provide personally identifiable information in order to help you with your experience. This "personal information" is defined as information about you that can be used to contact or identify you. Personal information may include, but not be limited to, your: (1) full name, (2) email address, (3) mailing address, (4) date of birth, and/or (5) other information necessary to verify your identity. Additionally, we may acquire information from you through, but not limited to, your: (1) access and participation in message boards on the Website or through the MKF Fantasy App, or (2) emailing of a question to our customer support. When you send a communication via the Website, MKF Fantasy App, or directly to us via email, you agree we are free to use the content of any communications submitted by you for any purpose, including developing and/or providing the Services. We may also invite you to share non-personally identifiable information about yourself that may include but is not limited to: (1) your gender, (2) information about the hardware you may own and/or use to access the Services, and (3) your favorite websites, friend information and fan pages (collectively referred to as "non-personal information"). If non-personal information is collected for an activity that also requires personal information, we may combine your non-personal information with your personal information in an attempt to provide you with a better user experience, to improve the quality and value of the Services, and to analyze how the Services are used. All personal and non-personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is used. It shall be your sole responsibility to update any and all personally identifiable information provided for use of the Services

If you tell us where you are (i.e., by allowing your mobile device to send us your location or by otherwise permitting us to geolocate you), we may store and use that information to verify your eligibility to utilize the Services, to comply with relevant laws, and for fraud prevention purposes.

The Services may also record game play information such as your high scores, win/loss record and percentage, and other game play data and/or information.

In addition to information collected as described above, you may choose to share additional information about yourself through use of the Services, such as in games or on message boards. Any actions you perform with other players are considered public, and are provided and/or performed at your sole discretion.

If you choose to log into, access or otherwise connect to the Services through a social networking service (such as Facebook, Twitter, Instagram, etc.), we may collect your user ID and/or username associated with that social networking service, as well as any information you make public using that social networking service or which the social networking service allows us to access. We may also collect information you have authorized the social networking service to share with us on your behalf. This supplemental information allows us to verify information that you have provided through use of the Services and to enhance our ability to provide you with information about our business, products, and Services.

Any time you access MKF Fantasy App and/or the Website, we may collect aggregate information including but not limited to internet protocol addresses, browser type, browser language, referring/exit pages and URLs, operating system, mobile carrier, and/or device information automatically assigned to your computer or device used by you to access the Website, MKF Fantasy App, and/or Services, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of this activity. We use this information to better tailor the Services to your interests, to provide you more efficient customer support, and to overall enhance the Services.

HOW YOUR INFORMATION IS PROCESSED

We may use the information received from you in connection with the Services and features provided for the following purposes:

  • To allow us to better service you in responding to your customer service requests.
  • To administer a contest, promotion, survey or other site feature.
  • To send periodic emails regarding your products and services.
  • To follow up with you after correspondence (live chat, email or phone inquiries).
  • To alert users to new services, content and/or features.
  • To prevent fraudulent or other criminal activity;
  • To meet legal and regulatory requirements;
  • To provide access to certain functionalities and features of the Services;
  • To enforce the Terms;
  • To contact users for administrative purposes, including, but not limited to, notifying you of changes to the Privacy Policy;
  • To collect your location information including your geolocation records, for purposes of verifying whether you are eligible to participate our Services and comply with our legal obligations, protect our legal rights, and address existing or anticipated disputes; and
  • To monitor and track total number of users of the Website and/or MKF Fantasy App for statistical purposes

We may also use personal information provided by you for reasons for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, anti-money laundering protection, applicable state and/or federal law or regulations requiring necessary compliance, or any other purpose disclosed to you at the time you provide personal information or with your consent.

We may also make anonymous and/or aggregate personal information for commercial, marketing, and/or business purposes, such as reporting and conducting research and development in order to enhance our existing Services and/or develop new products and Services. Anonymous or aggregated information does not identify you, and we may use or disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible manners. We may share this information internally and/or with third parties for our or their purposes in an anonymous or aggregated form that is designed to prevent anyone from identifying you.

In all cases of data access and collection, the information you provide will not be disclosed, rented, leased, loaned, sold, or otherwise voluntarily distributed to unaffiliated third parties and will be used and processed solely for one or more of the above purposes and in accordance with the remaining provisions contained in this Privacy Policy.

COOKIES

We may use "cookies" in order to provide you with a better experience. A cookie is a small data file that can be placed on your computer's hard disk or your mobile device for record keeping purposes. Cookies can help us recognize you the next time you use the Website and/or MKF Fantasy App, and/or note the advertisements you click on and the other sites you enter via a link from the applicable third party website. This allows us to tailor the Services to your preferences. We may also use the data generated from cookies for geolocation purposes and to compile statistical data on your use of the Website and/or MKF Fantasy App. You are not obliged to accept a cookie from us or from any other website. You can modify your browser settings so that it will not accept cookies although you may not be able to access or use certain features. However, for legitimate security reasons, we may refuse access to specific Services unless you accept the use of a cookie or similar device.

CACHE DATA

A cache is a component of your mobile device that transparently stores data for record-keeping purposes. Cache data does not identify users, but does identify your mobile device, including, your location information. Most browsers and applications are initially set up to accept cache data. If you prefer, you can adjust the settings of your mobile device so that it does not store this information while utilizing the Services. Certain application features may only be available through the collection of such data. We may use such data to assist in data collection and to track application usage and trends to help us better serve you. We also permit third parties who have entered into confidentiality agreements to access such data to help us monitor use of the Services for fraud or any other activity that does not comply with applicable laws.

DISCLOSURE OF YOUR INFORMATION

We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its direct and indirect subsidiaries.

We may share your information with selected third parties including:

  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you, solely in relation to your use of the Services we provide, for instance, verification and/or identification suppliers or a supplier that acts as a fulfillment service for us in providing you with any goods or services or to confirm or carry out any financial transactions (as applicable) on your behalf so that you can use the services we provide;
  • Certain service providers to: provide you the Services we offer; conduct quality assurance testing; facilitate the creation of accounts; provide account authentication and user verification services; provide technical and customer support; geolocate users; personalize, customize, and improve your use and experience of the Services; process payments to you and other financial transactions; send email and push notifications; enable security support and technical maintenance; send you newsletters, surveys, messages, and promotional materials related the Services or on behalf of other companies; verify your identity; prevent harmful or unlawful uses of our Services, including fraud; deliver you customized or personalized content, information, and advertising; manage search engine optimization; and improve and optimize the performance of our Services
  • Advertisers and advertising networks that require the data to select and serve relevant advertisements to you and others. We do not disclose personally identifiable information about individuals to our advertisers, but we may provide them with anonymized and/or aggregated information about our users, including, but not limited to, the following purposes:
  • To help advertisers reach a particular demographic; and
  • To enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
  • Analytics and search engine providers that assist us in the improvement and optimization of the Services.
  • In the event of a merger, acquisition, reorganization or sale of assets, in which case we may sell, transfer or otherwise share some or all of our assets, and your personal information may be transferred as part of that transaction.
  • Those to which we are under a duty to disclose or share your personal data in order to comply with any legal obligation or legal request, such as a subpoena, or in connection with required governmental filings or submissions, or in order to enforce or apply our Terms, rules, and other agreements; or to protect the rights, property, or safety of the Website MKF Fantasy App, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

SECURITY OF YOUR INFORMATION

We will require any third party to whom we provide your personal information to agree to comply with our Privacy Policy in force at that time or requirements substantially similar to such policy. We will make reasonable commercial efforts to ensure that they comply with such policy or requirements, however, where not expressly prohibited by law, we will have no liability to you if any third party fails to do so. We shall require any third party, including, but not limited to, any government or enforcement entity, seeking access to data to obtain a court order, or equivalent proof that they are statutorily empowered to access your data and that their request is valid and within their power.

We take reasonable administrative, physical, and electronic measures designed to protect the information that we collect from or about you (including your personal information) from theft, copying, unauthorized modification or destruction, unauthorized access, use or disclosure. Notwithstanding, we cannot assure or guarantee that any third party with which we share information will comply with its obligations regarding such information. Furthermore, even though appropriate measures are used to prevent unauthorized disclosures of information, we cannot assure you that any personal information collected or received by us will never be disclosed in a manner that is inconsistent with this Privacy Policy, and do not accept liability for any unintentional disclosure.

By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website, MKF Fantasy App, and/or Services.

MODIFYING OR DELETING PERSONAL INFORMATION

You can modify personal information through your personal settings in the MKF Fantasy App or the Website, or by contacting us at support@monkeyknifefight.com. You may inquire as to whether we are processing your personal information, request access to your personal information, and ask that we correct, amend or delete your personal information where inaccurate. If you want us to delete your personal information, please contact us at support@monkeyknifefight.com with your request and/or follow the necessary procedures provided through the Website and/or MKF Fantasy App. We’ll take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.

THIRD-PARTY WEBSITES

The Website and/or MKF Fantasy App may contain links to other websites, products, advertisements, or services. The fact that the Website or MKF Fantasy App links to a website or presents a banner ad or other type of advertisement does not mean that we endorse or authorize that third party, nor is it a representation of our affiliation with that third party. This Privacy Policy does not cover any collection or use of information that third party websites may collect from you, or the practices used by third parties to collect such information, and third party websites should have separate and independent privacy policies and terms of use for the purpose of collecting personal information about you. We are in no way responsible for the privacy policies or the content of these other websites that you choose to access from the Website or MKF Fantasy App. Please be sure to read the privacy policies of those websites when exiting the Website or MKF Fantasy App. If you decide to use, click on, access, or provide any personal information to a third party website, you acknowledge that you are doing so at your own risk.

THIRD-PARTY PAYMENT PROCESSING

When you submit payment, or pay a fee (i.e. an entry fee), in the course of your use of the Services, we may process your payments through a third-party website, including, but not limited to, third-party payment processors. The third-party website may collect certain financial information from you in order to process a payment, including your name, email address, address and other billing information. In order to delete your payment or billing information, you may need to do so with the third party, as we only have minimal secure access to those records as needed to provide the Services.

POLICY REGARDING CHILDREN

The Services are not geared toward children under the age of 18 (or the age of majority in the jurisdiction from which they access the Services) and we do not knowingly collect personal information from children under the age of 18 (or the age of majority in the jurisdiction from which they access the Services). If we learn that a child under 18 (or the age of majority in the jurisdiction from which they access the Services) has provided us with personal information, we will delete such information from our files as quickly as possible.

INTERNATIONAL HOSTING OF INFORMATION

The Website and MKF Fantasy App are hosted in the United States and are intended for and directed to users in the United States and Canada. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Website or MKF Fantasy App, which are governed by U.S. law, this notice, and our Terms, you are transferring your personal information to the United States and you consent to that transfer. The Website and MKF Fantasy App are not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States. Your information may be stored and processed in any country where we have facilities or in which we engage service providers and, by using the Website, MKF Fantasy App, or Services, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

RETENTION OF INFORMATION

We will retain your personal information received as described in this Privacy Policy while you are an active user of the Website, MKF Fantasy App, and/or Services, and thereafter so long as needed for purposes that are not prohibited by applicable law. Before we use any of your personal information for any new purpose not originally authorized by you or set forth in this Privacy Policy, we will use best efforts to provide details regarding the new purpose and give you the opportunity to opt out. Furthermore, where consent is required to process any personal information pursuant to applicable law or contract, we will use best efforts to comply with such law or contract.

Upon termination of your use of the Services, we reserve the right to maintain your personal information as part of our standard back-up procedures in an aggregated format. When personal information is no longer required, we will utilize procedures to destroy, delete, erase or convert it to an anonymous form.

OPT-OUT

You have the right to opt out of certain uses and disclosures of your personal information. Where you have consented to our processing of your personal information, you may withdraw that consent at any time and opt out of further processing by contacting us at support@monkeyknifefight.com. If you opt out, we may still collect and use non-personal information regarding your use of our Services for non-interest-based advertising purposes, such as to determine the effectiveness of the advertisements.

You may also “opt out” by following the unsubscribe instructions provided through the Website and/or MKF Fantasy App. We do need to send you certain communications regarding the Services and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms or this Privacy Policy.

We may occasionally send you push notifications through your mobile device with updates and other notices that may be of interest to you. You may opt out of receiving these types of communications by changing the settings on your device.

GOVERNING LAW

This Privacy Policy shall be construed and enforced in accordance with the laws of the State of California without regard to any conflict of law provisions. Notwithstanding the foregoing, this Privacy Policy, and the collection of information hereunder, shall comply with all relevant data protection provisions, including, but not limited to, the Data Protection Act and General Data Protection Regulation.

CALIFORNIA ONLINE PRIVACY PROTECTION ACT

Under California’s “Shine the Light” law, California residents have the right to opt out of disclosing personal information to third parties for the purpose of allowing such third parties to directly market their products and services. If you wish to opt out, you may do so in accordance with the terms set forth in this Privacy Policy. Under California law (and as a result of your ability to opt out as set forth in this Privacy Policy), we are not required to maintain or disclose a list of third parties that received your personal information for marketing purposes.

Under the California Consumer Privacy Act (“CCPA”), California consumers have the following rights, which can be exercised directly or in certain cases, through an authorized agent:

  • Right to Know. California customers have the right to request information about the categories and sources of personal information we collect, our purposes for collecting the information, and the types of third parties that receive that information. Details about our data collection, use and third-party disclosures can be found in this Privacy Policy. In addition, they have the right to request a copy of their personal information. They may exercise this right once per 12-month period by submitting a request to us at support@monkeyknifefight.com.
  • Right to Delete. California customers have the right to request that we delete some or all of the personal information that we have about them, subject to certain exceptions (i.e. information used to provide Services, complete transactions, honor opt-outs, prevent fraud, spam, and other abuse, comply with our legal obligations, cooperate with law enforcement, and to exercise and defend our rights). They may exercise their right to delete by contacting us at support@monkeyknifefight.com.
  • Right to Opt Out of Sale of Personal Information. California customers have the right to opt out of the sale of their personal information, and to request information about whether we have sold their personal information in the past 12 months. We do not sell personal information, and we have not done so in the last year. Should such change, we will notify users and provide an ability to opt out as required.
  • Non-Discrimination. We won’t discriminate against anyone because they exercise any rights herein.

To exercise your rights to know and delete, we must be able to verify your identity as the owner of the account and/or personal information you are inquiring about. We will not be able to fulfill your request until we can do so. In general, we verify identity by confirming that you are the owner of the email address associated with the account. An authorized agent submitting a request on your behalf must also have access to the email address associated with the account, along with sufficient evidence that you have authorized that person to submit the request on your behalf.

CONTACT DETAILS

For further information in relation to this Privacy Policy, how to lodge a complaint, request the Privacy Policy in a different format or provide any comments, please contact us at:

Fantasy Sports Sharks

1165 Lincoln Avenue #8401

San Jose, CA 95125

support@monkeyknifefight.com

GENERAL PROVISIONS

Each time you use the Services, the current version of the Privacy Policy will apply. Accordingly, when you use the Services, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version. This Privacy Policy is subject to change from time to time. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. The continued use of the Website and/or Services following the posting of any amendments will be deemed as acceptance of those amendments.

This Privacy Policy sets forth the entire understanding regarding how we may use and/or access your personal information based upon your use of the Website, MKF Fantasy App, and Services. In the event that any one or more of the terms and conditions contained in this Privacy Policy is held to be invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired thereby. The Company’s failure to insist upon strict adherence to any term contained in this Privacy Policy shall not constitute a waiver of such term and shall not be considered a waiver or limit of any right thereafter to insist upon strict adherence to that term or any other term contained in this Privacy Policy. The Parties shall make a good faith effort to resolve any actual or threatened breach of this Privacy Policy, or any other dispute arising under or in connection with this Privacy Policy, by binding arbitration under the administration and rules of the American Arbitration Association. The arbitration shall be held in Los Angeles, California. The prevailing party in any action or proceeding shall be entitled to reasonable costs and attorneys' fees.

Notwithstanding the foregoing arbitration provisions, in no event shall the Company be precluded or delayed from seeking and obtaining temporary, preliminary and/or permanent injunctive relief, without the posting of any bond or proving of actual damages, as deemed reasonably necessary to defend or enforce its rights or this Privacy Policy, in any court(s) of competent jurisdiction, and through your use of the Website, MKF Fantasy App, and/or Services, you hereby consent to, and hereby waive any objection regarding, such jurisdiction and venue.

Regardless of your request to delete your account, the provisions contained in this Privacy Policy shall survive any termination of your account and/or use of the Website, MKF Fantasy App, and/or Services