Legal Rights & Agreement Rules · Restriction or exception
Other parties’ advertising technologies have their own privacy policies
DraftKings says this notice does not govern technologies used with other parties’ ads and disclaims responsibility for them. It directs readers to advertisers’ and ad services’ policies and industry choice sites for options; those separate policies are not supplied in this source.
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This notice does not apply to, and we are not responsible for, cookies, pixel tags, and other technologies used in connection with other parties' ads, and we encourage you to check the privacy policies of advertisers and ad services to learn about their use of such technologies.
Qualifications & exceptions
Applies to technologies connected with other parties’ advertising.
Legal Rights & Agreement Rules · Restriction or exception
Integrated or linked third-party services are governed by their own terms
DraftKings says it does not control integrated or linked third-party services or content, and its terms and this notice do not apply to them. It directs you to their own terms and policies, disclaims responsibility for their practices and says you allow third-party access to your information at your own risk.
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We do not control those third-party services and content, and our various terms of use and this notice do not apply to those services and content.
We are not responsible for the practices used by any third-party websites or services linked to or from our Website or Applications, including, but not limited to, the information or content contained within them.
In the event you are using a third-party website or service and allow it to access your personal information, you do so at your own risk.
Qualifications & exceptions
Applies to third-party services and content.
Legal Rights & Agreement Rules · Context
Sale includes valuable consideration; sharing includes targeted advertising disclosures
For Section 7(a), sale includes listed forms of disclosure or transfer to third parties for money or other valuable consideration, subject to legal exceptions. Sharing means third-party disclosures for cross-context behavioral advertising under California law or targeted advertising under specified other state privacy laws, also subject to exceptions. These definitions are broader than cash sales alone.
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For purposes of this Section 7(a), "sell" means, subject to certain exceptions in applicable law, the sale, rental, release, disclosure, dissemination, availability, transfer, or other oral, written, or electronic communication of your personal information to a third party for monetary or other valuable consideration; and "sharing" means, subject to certain exceptions in applicable law, disclosure of personal information to third parties for cross-context behavioral advertising (as defined in the California Consumer Privacy Act) or targeted advertising (as defined in certain other U.S. state-specific privacy laws).
Qualifications & exceptions
Definitions apply to Section 7(a) and remain subject to legal exceptions.
Additional access, deletion and correction rights depend on jurisdiction
Additional rights described in Sections 12–16 depend on residence and applicable law and are subject to identity verification. Unless applicable law provides otherwise, the notice’s definition for these rights excludes job applicants, employees, other personnel and representatives of third-party entities. This is a limitation on these rights provisions, not a claim that such information is never personal data.
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Depending on where you reside, you may have the right under applicable law to make certain additional requests relating to your personal information.
Information concerning requests to access, delete, or correct your personal information is provided in Sections 12 through 16 below to the extent such rights are available to you under the applicable law of your jurisdiction.
Please note that for purposes of these rights, except as may otherwise be provided in applicable law, personal information does not include information about job applicants, employees and other personnel, or representatives of third-party entities with which DraftKings may interact.
Requests will be subject to verification procedures as described above in this Section 7.
Qualifications & exceptions
Jurisdiction, applicable law and verification govern availability.
The employment and third-party-representative exclusion yields where law provides otherwise.
Other-state rights begin when the applicable consumer privacy law takes effect
Section 13 covers residents of Colorado, Connecticut, Delaware, Iowa, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, Virginia and any other US state with an applicable consumer privacy law, starting on its effective date and subject to exceptions. For this section, job-applicant, employee, personnel and third-party-representative information is excluded from its personal-information definition.
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Residents of Colorado, Connecticut, Delaware, Iowa, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, Virginia, and any other U.S. state with an applicable consumer privacy law ("Covered Consumers") have certain rights concerning their personal information beginning on the effective date of such law.
This Section 13 supplements the preceding sections of this privacy notice by describing Covered Consumers' additional rights with respect to their personal information and explaining how to exercise such rights, subject to applicable exceptions.
Please note that for purposes of these rights under this Section 13, personal information does not include information about job applicants, employees and other personnel, or representatives of third-party entities with which we may interact.
Qualifications & exceptions
Applies from the relevant law’s effective date and subject to exceptions.
Section 13 excludes the listed employment and representative contexts.
Legal Rights & Agreement Rules · Company commitment
North Carolina Gaming consumers will not be discriminated against for refusing data sale
DraftKings promises not to discriminate against qualifying North Carolina Gaming consumers for declining consent to the sale of their data. This promise is specifically tied to refusal of sale consent.
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DK will not discriminate against NC Gaming Consumers for declining to consent to the sale of their data.
Legal Rights & Agreement Rules · Company practice
Revisions take effect on posting, with materiality decided by DraftKings
DraftKings may revise the notice periodically in its sole discretion, effective when posted on its website or apps. You are responsible for checking changes. If DraftKings decides a change is material in its sole discretion, it will notify you and/or request acceptance; the wording does not require both notice and renewed acceptance in every case.
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This privacy notice may be revised periodically in our sole discretion, and any changes will be effective upon the revised privacy notice being posted to our Website or Applications. You are solely responsible for reviewing this notice for any changes. In the event we make material changes to this notice, as determined by us in our sole discretion, we will notify you and/or request that you accept our updated privacy notice.
Qualifications & exceptions
Effective on posting; materiality is decided by DraftKings; notification and/or acceptance is stated.
Legal Rights & Agreement Rules · Restriction or exception
Sending a notice counts even if your last email address cannot receive it
You are responsible for maintaining a current email address. If the last address is invalid or cannot receive notifications, DraftKings says dispatching an email notice nevertheless counts as effective notice when it chooses email delivery.
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You are solely responsible for updating your personal information to provide us with your most current email address. If the last email address you provided is not valid or for any reason is not capable of delivering notifications to you, then, in the event we provide you notification via email, our dispatch of the email containing such notification will constitute effective notification of the changes made to this notice.
Qualifications & exceptions
When DraftKings uses email notification and the last supplied address cannot receive it.
Legal Rights & Agreement Rules · Permission or license
Continued use accepts changes for previously collected information too
If you do not permit changes in data use, the notice says you must tell DraftKings you want to deactivate the account. Continued service use after changes indicates acknowledgment and consent, and the updated notice applies to all information, including data collected before the change. This describes the notice’s asserted effect rather than determining legal enforceability.
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In the event you do not wish to permit changes in our use of your personal information, you must notify us that you wish to deactivate your Account. Your continued use of our Services following any changes to this privacy notice will indicate your acknowledgement of and consent to such changes, with the understanding that the updated privacy notice applies to all of your personal information, including the personal information collected before the changes went into effect.
Qualifications & exceptions
Continued use after the change triggers the stated acceptance; objecting users are directed to seek account deactivation.
The notice covers listed DraftKings services, with separate-policy exclusions
The notice covers the website, apps, Daily Fantasy Sports and Pick6, Sportsbook and Casino, and related services including social features. It excludes services that do not display or link to this notice or that link to a different privacy statement. Ontario's regulated online Gaming market is expressly governed by a separate policy.
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This notice does not apply to websites, applications, or services that do not display or link to this notice or that display or link to different privacy statements.
Please note that this privacy notice does not apply to DraftKings' personal information collection, use, and disclosure practices related to Gaming consumers participating in the open and regulated Internet gaming market in Ontario, which participation is governed by a separate privacy policy.
Qualifications & exceptions
Services displaying another privacy statement or no link to this notice are excluded.
Ontario regulated online Gaming has a separate policy.
Using the services is treated as consent to the notice
DraftKings says use of its services constitutes consent to this notice and asks people who object to its described collection, use and disclosure practices not to use the services. This describes the notice's position, rather than eliminating the privacy choices it separately provides.
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By using our Services, you consent to this notice. In the event you object to the collection, use, and disclosure practices described in this notice, please do not use our Services.
Legal Rights & Agreement Rules · Context
Additional privacy provisions apply by residence, location or Gaming registration
The notice directs California residents to Section 12, residents of the listed US privacy-law states and other states with consumer privacy laws to Section 13, people who registered a Gaming Account while physically in Massachusetts or North Carolina to Sections 14 and 15 respectively, and consumers physically in Canada to Section 16. These are different eligibility tests; the Gaming provisions are not framed simply as residency rights.
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If you are a California resident, please see Section 12 for additional information regarding your privacy rights, including how to submit a request to opt out of the sale or sharing of your personal information.
If you are a resident of Colorado, Connecticut, Delaware, Iowa, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, Virginia, or another U.S. state with a consumer privacy law, please see Section 13 for additional information regarding your privacy rights.
If you are a consumer who has registered a Gaming Account while physically located in Massachusetts, please see Section 14 for additional information regarding your privacy rights.
If you are a consumer who has registered a Gaming Account while physically located in North Carolina, please see Section 15 for additional information regarding your privacy rights.
If you are a consumer physically located in Canada, please see Section 16 for additional information regarding your privacy rights.
Qualifications & exceptions
California and other US state provisions use residency.
Massachusetts and North Carolina provisions use physical location at Gaming Account registration.
Legal Rights & Agreement Rules · Company commitment
California privacy-rights requests must not trigger discriminatory treatment
DraftKings promises not to discriminate for California consumers’ exercise of CCPA or other applicable privacy rights. For CCPA rights, it lists no denial of goods or services, different prices or rates through benefits or penalties, different quality or service levels, or suggestions of such differences. It also promises no retaliation against an employee, applicant or independent contractor exercising CCPA rights.
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DK will not discriminate against CA Consumers for exercising their rights under the CCPA or other applicable privacy laws. We will not do any of the following based on a CA Consumer's exercise of their rights under the CCPA:
Deny the CA Consumer goods or services;
Charge the CA Consumer different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
Provide the CA Consumer with a different level or quality of goods or services;
Suggest that the CA Consumer may receive a different price or rate for goods or services or a different level or quality of goods or services; or
Retaliate against an employee, applicant, or independent contractor who exercises their rights under the CCPA.
Qualifications & exceptions
Treatment must be based on exercise of the identified privacy rights for this prohibition to apply.
Legal Rights & Agreement Rules · Context
Massachusetts Gaming rights depend on location at registration
Section 14 applies to consumers who registered a Gaming Account while physically in Massachusetts. It supplements the notice subject to exceptions under the cited sports-wagering privacy regulations, and includes Personally Identifiable Information and Confidential Information as defined in those regulations. The statute’s definitions are referenced, not reproduced by this card.
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Consumers who have registered a Gaming Account while physically located in Massachusetts ("MA Gaming Consumers") have certain options concerning their personal information under the Massachusetts Sports Wagering Data Privacy Regulations, 205 CMR 257.00.
This Section 14 supplements the preceding sections of this privacy notice by describing MA Gaming Consumers' additional options with respect to their personal information and explaining how to exercise such options, subject to applicable exceptions. For purposes of this Section 14, personal information includes "Personally Identifiable Information" and "Confidential Information" as those terms are defined in 205 CMR 257.01.
Qualifications & exceptions
Gaming Account registered while physically in Massachusetts; subject to applicable exceptions.
North Carolina Gaming privacy options have a separate registration-based scope
Section 15 supplements the notice for North Carolina Gaming Account registrants, subject to applicable exceptions. The opening scope paragraph specifies registration while physically located in North Carolina. Section 15 imports the definition of personal information from N.C. Gen. Stat. § 75-61(10); this card does not supply that external definition.
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Consumers who have registered a Gaming Account physically located in North Carolina ("NC Gaming Consumers") have certain options concerning their personal information under applicable state law.
For purposes of this Section 15, personal information has the meaning provided in N.C. Gen. Stat. § 75-61(10). This Section 15 supplements the preceding sections of this privacy notice by describing NC Gaming Consumers' additional options with respect to their personal information and explaining how to exercise such options, subject to applicable exceptions.
If you are a consumer who has registered a Gaming Account while physically located in North Carolina, please see Section 15 for additional information regarding your privacy rights.
Qualifications & exceptions
Gaming registration while physically in North Carolina; subject to exceptions.