PRIVACY POLICY

Last Updated: June 3, 2025

JACKPOCKET - OUR COMMITMENT TO PRIVACY

Jackpocket LLC ("Jackpocket," "we," "us," or "our") provides this privacy policy to explain how and why Jackpocket, powered by DraftKings technology, collects and uses personal information from consumers of our lottery and casino mobile applications ("Apps"), lottery website located at https://jackpocket.com/, casino website located at https://casino.jackpocket.com/ (collectively, "Websites"), and related services that we own and control (collectively, with the Apps and Websites, the "Services").

This privacy policy should be read together with our lottery Terms of Service, casino Terms and Conditions, and/or any other relevant terms of service that govern our Services, as applicable (collectively, "Terms"). By using our Services, you consent to the practices described in this privacy policy. In the event you object to the personal information collection, use, and disclosure practices described in this privacy policy, please do not use our Services.

This privacy policy does not apply to websites or applications that do not display or link to this privacy policy or that display or link to different privacy statements. Our Services may include access to third-party content that we do not control. We recommend that you consult the privacy policies of third parties whose websites or applications you may be accessing through our Services.

If you are a California resident, please see Section 11 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 12 for additional information regarding your privacy rights.

TABLE OF CONTENTS

1. PERSONAL INFORMATION WE COLLECT
   1. Information You Provide To Us
   2. Information Collected Via Technology
   3. Information Collected From Other Sources
2. INTERACTION WITH THIRD-PARTY SITES AND SERVICES
3. ADDITIONAL USES OF PERSONAL INFORMATION
4. ADDITIONAL DISCLOSURES OF PERSONAL INFORMATION
5. BIOMETRIC VERIFICATION
6. SECURITY AND RETENTION OF PERSONAL INFORMATION
7. OPTIONS REGARDING PERSONAL INFORMATION
8. HOW WE RESPOND TO DO NOT TRACK SIGNALS
9. CHILDREN
10. INTERNATIONAL USERS
11. CALIFORNIA PRIVACY RIGHTS
12. ADDITIONAL U.S. STATE PRIVACY RIGHTS
13. HOW TO CONTACT US
14. CHANGES AND UPDATES TO THIS PRIVACY POLICY

1. PERSONAL INFORMATION WE COLLECT

a. Information You Provide To Us

• You may choose voluntarily to provide or direct third parties to provide certain personal information to us. Personal information is information from which you can be directly or indirectly identified, such as your name, address, email address, phone number, payment card and financial account information, billing information, driver's license number, Social Security number, and certain online identifiers.
• For example, you may decide to share or direct third parties to share with us your first and last name, date of birth, location, email address, phone number, username and password, and the address or state and country where you reside when you create an account to log in to our Services ("Account"). We need this information to set up your Account, verify your identity, and provide you with our Services. The personal information you provide in connection with Account creation will be collected in accordance with this privacy policy.
• When you use our Websites, Apps, or other Services, or deposit or withdraw funds, we may collect all information necessary to assess and complete the transaction and provide you with our Services, including your name, address, email address, phone number, credit or debit card number, other financial account and billing information, Social Security number, tax information, and records of the products and Services you purchased, obtained, or considered.
• For identity verification purposes, we may collect government-issued identification numbers and information, such as a copy of your passport, driver's license or state identification card, and associated information, as well as your Social Security number, address, date of birth, and photograph or other image data.
• In the event you provide us feedback or contact us via email, chat, phone call, or text message, we will collect your name, email address, and/or phone number, as well as any other message content, including audio recordings, in order to send you a reply, provide customer and technical support, develop, improve and optimize our Services, satisfy our legal obligations, enforce our contracts and legal rights, and address any existing or anticipated disputes.
• We will collect the profile photo you upload and username you choose for your public profile page ("Profile") to give you a personalized experience of our Services. When you use our Services, other participants may be able to see the information you selected for your Profile.
• In the event you tell us where you are (e.g., 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 use certain Services, to comply with relevant laws, and for fraud detection and prevention purposes.
• We may use the personal information we collect from you, including, but not limited to, your name and address, for purposes of direct mail marketing. This means that you may receive postal mailings from us about our products, Services, promotions, and/or other marketing materials that we believe may be of interest to you.
• When you participate in one of our surveys, we may collect additional information about your Profile, activity, usage, and preferences related to the Websites, Apps, and other Services, so we can evaluate your interest in, and the quality of, our Services and provide you customer and technical support.
• In the event you participate in a Jackpocket sweepstakes, giveaway, promotion, or game through our Services, we may collect your email address, username, and phone number to notify you in the event you win. We may also ask for consumers' names and addresses, in order to verify their identities and fulfill any applicable prizes. In some situations, we may need to collect other information about consumer preferences as part of the entry process, such as a prize selection, or in connection with the award of prizes that are valued over a certain dollar amount. Such sweepstakes, giveaways, promotions, and games are voluntary. We recommend that you read the rules associated with any sweepstakes, giveaway, promotion, or game before entering.

b. Information Collected Via Technology

• Information Collected by our Services

  In order to improve and personalize our Services and meet our legal obligations, we may automatically track certain information about your visits to and usage of our Websites, Apps, and other Services, including your browser type, operating system, Internet protocol ("IP") address, browser plug-in type and version, device identifier, domain name, clickstream data, referring/exist pages, geolocation data, and a date/time stamp for your visits. We also use this information to analyze trends, administer the Services, gather demographic information about our user base, deliver advertising, perform research, provide technical and customer support, inform our product development efforts, protect our legal rights, address disputes, and prevent our Services from being used to commit harmful or unlawful activities, including, but not limited to, fraud. Some of this information may also be collected so that when you use the Websites, Apps, or other Services again, we will be able to recognize you and optimize your experience accordingly.

• Financial Information

  Jackpocket uses Plaid Technologies, Inc. ("Plaid") to gather end user data from financial institutions. By using our Services, you grant Jackpocket and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution to our Websites, Apps, and other Services. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.

• Device Information

  We may collect information about the devices you use to access our Services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers (such as Apple IDFV), advertising identifiers (such as Google Advertising ID or GAID), serial numbers, device motion information, time zone setting, session time, and mobile network information. In the event you have downloaded one of our Apps, we may also collect certain information from your mobile device, including information about how you use our App(s). This information is generally used to help us deliver relevant information to you and to detect and prevent fraud and other unlawful activity. In the event one of our Apps crashes on your mobile device, we will also receive information about your mobile device model, software version, and device carrier, which allows us to identify and fix bugs, provide other technical support, and improve and optimize the performance of our Apps.

• Cookies

  Like many online services, we use "cookies" to collect technical information. Cookies are small pieces of information that a website sends to your computer's hard drive while you are viewing a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience of our Websites, Apps, and other Services. We may use cookies to collect information about your IP address, browser type, operating system, device type and identifiers, platform type, as well as your usage of and activity on our Websites and Apps, your usage of and activity on third-party websites and applications, and the performance of our Services. These types of information are collected to make the Websites, Apps, and other Services more useful to you and to tailor your online experience to meet your interests and expectations. You can use the options in your web browser to notify you when you receive a cookie or you may change your cookie preferences in your browser or with third parties. You can control and/or delete cookies used by our Services at any time. You can delete all existing cookies on your computer and adjust settings for most browsers to prevent cookies from being received.

• Pixel Tags

  In addition, we use "pixel tags" (also referred to as clear gifs, web beacons, or web bugs). Pixel tags are tiny graphic images with a unique identifier, similar in function to cookies, that are used to track online movements of web users. In contrast to cookies, which are stored on a computer's hard drive or web browser, pixel tags are embedded invisibly in web pages. Pixel tags are often used in combination with cookies, to trigger the placing of cookies, and/or to transmit information to us or our vendors. This enables two websites to share information. The resulting connection can include information such as a device's IP address, the time a person viewed the pixel, an identifier associated with a browser or device, the type of browser being used, and the URL of the web page from which the pixel was viewed. Pixel tags also allow us to send email messages in a format that consumers can read, tell us whether emails have been opened, and help to ensure we are sending only messages that may be of interest to our consumers. We may also use information collected through pixel tags to reduce or eliminate messages sent to a user.

• Threat Detection

  We use certain service providers, such as ThreatMetrix, to provide threat detection, user authentication, and fraud prevention services. These service providers may automatically collect certain information about your visits to the Websites and Apps, as well as the device you use to connect to our Services, in order to monitor for potential threats and bad actors. This information may include, among other things, your IP address and your device's unique identifiers. In the event you would like to know more about ThreatMetrix's data privacy practices, please review the Lexis Nexis ThreatMetrix Processing Notice.

• Collection of Data in Connection with Advertising and Marketing

  We may use certain vendors to serve ads on our Services, as well as on other websites, applications, and social media networks. In connection with the delivery of advertising, certain vendors, including, but not limited to, Facebook, LiveRamp, Reddit, Snapchat, TikTok, The Trade Desk, TruSignal, and X, may collect information about you and your visits to the Websites and Apps and other websites and applications. That information may include your IP address, internet service provider, unique personal identifiers (e.g., email address), the browser you use to visit the Websites and Apps and other websites and applications, and certain commercial information such as records of products or services purchased, obtained, or considered. They may do this by using cookies, pixel tags, or other technologies. The information collected may be used, among other purposes, to deliver advertising targeted to your interests and to better understand your usage of, preferences on, and visitation of our Websites, Apps and other Services as well as other sites, social media networks, and applications tracked by such vendors. This privacy policy 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 recommend that you check the privacy policies of advertisers and ad services to learn about their use of such technologies. In the event you would like more information about these practices to understand your options for not having your information collected and used by such companies, visit http://www.aboutads.info/choices and https://www.networkadvertising.org/. We may also display interest-based ads, sometimes referred to as personalized or targeted ads, using the information you make available to us when you interact with the Websites, Apps, and other Services.

• Measurement Data and Third-Party Analytics

  We use a number of service providers and other vendors, including, but not limited to, Google Analytics, Hulu, and Roku to help analyze and measure how consumers use our Services ("Analytics Companies"). Analytics Companies may use cookies, pixel tags, and other technologies to collect information pertaining to how people use our Services, what pages they visit, and what other sites they may have used prior to using our Services. We use the information we obtain from Analytics Companies to improve and optimize our Websites, Apps, and other Services and to measure the effectiveness of our ads.

• Referral Affiliates

  We may enter into agreements with companies that refer consumers to our Services via hyperlinks available on the referring party's website. We may automatically collect certain information, such as your IP address, other identifiers, and the identity of the referring website via cookies, pixel tags, and other technologies that are provided to us in connection with your use of the referring party's website.

• Location Information

  We may collect your location information, including your precise geolocation records, for purposes of verifying whether you are eligible to use our Services. We may also use such information to comply with our legal obligations, protect our legal rights, and address existing or anticipated disputes.

c. Information Collected From Other Sources

We may supplement the information we have about you with information received from other sources, including, but not limited to, our vendors, our pages on certain social networking sites (e.g., Discord), the social networking sites themselves, and commercially available sources (e.g., data aggregators, data brokers, and public databases). Your activity on other websites and applications may be associated with your personal information in order to evaluate risk and to provide, improve, and customize our Services and the ads delivered on our Websites and Apps. The information we collect may include demographic data such as age, gender, and income level, email address, username, online identifiers, your preferences, interests, associations, photos, commercial information (including, but not limited to, records of products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies, fraud indicators, and risk scores assessing your ability to complete a transaction), as well as information regarding your interaction with various websites and applications, including, but not limited to, the Services. This information is used to create and deliver advertising, provide and improve our VIP and marketing Services, perform user verification, evaluate risk, detect and prevent fraud, and comply with our legal obligations. By accepting this privacy policy and using our Services, you authorize third parties, which may include your mobile operator(s), internet service provider(s), financial institution(s), as well as government organizations and other authoritative data sources, to disclose to us and our service providers and other vendors your personal information for the purposes of validating your identity and detecting and preventing fraud. This information may include, but is not limited to, your credit record number, IP address, device identifier, browser type, operating system, location, and data regarding your interaction with an Internet website or application.

2. INTERACTION WITH THIRD-PARTY SITES AND SERVICES

Certain products, services, or other materials displayed on the Websites, Apps, and other Services may integrate with, be integrated into, or be provided in connection with certain third-party services and content. We do not control those third-party services and content, and our Terms and this privacy policy do not apply to those services and content. You should read the third-party terms of use agreements and privacy policies that apply to such services and content. We are not responsible for the practices used by any third-party websites or services linked to or from our Websites or Apps, including, but not limited to, the information or content contained within them. By using our Websites, Apps, or other Services, you acknowledge and agree that we are not responsible for and do not have control over any third-party services and content that you authorize to access the information you provide to 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.

3. ADDITIONAL USES OF PERSONAL INFORMATION

• User Feedback

  We may post user feedback on the Websites and Apps from time to time. To the extent we share your feedback, we will do so with your first name and last initial only. In the event we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting. In the event you make any comments on a blog or forum associated with the Websites, Apps, or other Services, you should be aware that any personal information you submit there can be read, collected, or used by other consumers of the blog or forum and might be used to send you unsolicited messages. We are not responsible for any personal information you choose to submit in these blogs and forums.

• Creation of Aggregated, Anonymous or De-Identified Data

  We may create aggregated, anonymized, or de-identified data (i.e., data that is not reasonably capable of being associated with or linked to you) from personal information we collect from or about you. We use such data to analyze request and usage patterns so that we may develop, improve, optimize, and/or enhance our Services and improve our consumers' experience with and ability to navigate our Websites, Apps, and other Services. We reserve the right to use aggregated, anonymized or de-identified data for any purpose and to disclose it to third parties for any reason.

• Responsible Play

  As part of our commitment to responsible play, we may use the information collected about you to assess whether you are responsibly using our Services. In the event we identify potentially problematic information, we may contact you to provide resources to help ensure that you are playing responsibly. By using our Websites, Apps, or other Services, you consent to our use of your information for these purposes.

• Delivery of Complimentary Products and Services

  As part of our Dynasty Rewards Program, under certain circumstances, we may provide VIPs and other consumers with complimentary products and Services, including, but not limited to, apparel, memorabilia and other goods, gift cards, tickets to sports and entertainment events, tailgates, watch parties, and/or other unique experiences from Jackpocket, our corporate affiliates, or our service providers and other vendors. By using our Websites, Apps, or other Services, you consent to Jackpocket's use of your personal information and disclosure of it to our corporate affiliates, service providers and other vendors for such purposes, including fulfillment and delivery of such products and Services.

• SMS Text Communications and Transcription Services

  We may use the telephone number(s) we collect from you for the purpose of one-to-one calls and text messages. By accepting this privacy policy, you consent to receive calls and text messages from us, including, but not limited to, from our customer support and VIP personnel. This means we may contact you via call or text message to:

  • Provide customer support and respond to your inquiries;
  • Inform you about important updates and changes to our Services;
  • Offer personalized assistance and VIP Services tailored to your interests.

  You may opt out of receiving calls and text messages from us by following the instructions in the communications you receive, by contacting customer support at support@jackpocket.com, or by visiting your Communication Settings at www.draftkings.com/communicationsettings or the Notification Preferences under your Profile settings in our Apps.

4. ADDITIONAL DISCLOSURES OF PERSONAL INFORMATION

In addition to the disclosure practices discussed above, we may disclose your personal information as follows:

• Service Providers

  We may share your personal information with certain service providers to provide you with our Services; conduct quality assurance testing; facilitate the creation of Accounts; process payments; provide account authentication and user verification services; provide technical and customer support; geolocate consumers; personalize, customize, and improve your use and experience of the Services; process financial transactions in connection with your Account, including, but not limited to, e-wallet deposits and/or withdrawals, either online or through selected retail locations; send email and push notifications; enable security support and technical maintenance; send newsletters, surveys, messages, and promotional materials related the Services or on behalf of other companies; provide loyalty rewards and VIP benefits, including, but not limited to, the complimentary products and Services described in Section 3 of this privacy policy; verify your identity; prevent unlawful uses of our Services; deliver customized or personalized content, information, and advertising; understand when consumers have installed our Apps; monitor the health and performance of code on consumers' devices; request feedback; send consumers links to download our Apps; monitor the health of our servers; manage search engine optimization; and improve and optimize the performance of our Services. We also use the personal information we collect in connection with your use of our Services to detect and prevent harmful, abusive, fraudulent, and other malicious activity. We may share this information with vendors and service providers including Sift Science, Inc. (d/b/a Sift) to assist us with this effort. To learn more about Sift, please review the Sift Service Privacy Notice.

• Fraud Detection and Prevention, Risk Analysis, and Identity Verification Vendors

  We may use fraud detection and prevention, risk analysis, and identity verification vendors including, but not limited to, LexisNexis, Onfido, Socure, and TransUnion, to detect and prevent fraud, evaluate risk (including, but not limited to, regarding your ability to successfully complete a transaction), confirm your identity, and/or enhance or assist your Account opening and onboarding experience. By using our Services, you also authorize us to disclose your full name, date of birth, address, phone number, identification information, transaction details, and decisions and returns information directly to such vendors for purposes of detecting and preventing fraud, evaluating risk, and/or verifying your identity. By using our Services, you also agree to permit such vendors to verify your identity with a credit bureau and access your credit file solely for the purpose of identity verification, which will not affect your credit score. This data will be maintained for the duration of our business relationship with such vendors and any applicable retention period. For more information about our fraud detection and prevention, risk analysis, and identity verification vendors' privacy practices, please review the following privacy statements: LexisNexis Privacy Policy, Onfido Privacy Policy, Socure Privacy Statement, and TransUnion Privacy Notice.

• Internal Revenue Service and Other Taxing Authorities

  In the event your earnings or winnings from a sweepstakes, giveaway, promotion, game, or our lottery or casino Services exceed a certain threshold, in accordance with our interpretation of applicable law, we will disclose the amount of your earnings or winnings and related personal information to the United States Internal Revenue Service and/or other appropriate taxing authorities.

• Professional Financial and Legal Advisers

  From time to time, we may also need to share your information with professional advisers, including lawyers, auditors, bankers, insurers, and consultants, in order to obtain advice or other professional services from them. Such advisers are bound by legal and/or contractual duties of confidentiality and other prohibitions against disclosure of personal information.

• Jackpocket Promotions

  When you participate in our lottery, casino, or other Services, we may use your name, likeness, voice, opinions, and biographical information for publicity, advertising, trade, or promotional purposes without further payment, consideration, notice, or approval.

• Dynasty Rewards

  When you open an Account with us, we use your personal information to automatically enroll you in our Dynasty Rewards Program to earn crowns and advance your Dynasty status. In the event you redeem your crowns for rewards, we will use your personal information to fulfill and ship your applicable rewards to you.

• Social Networking Sites

  Our Websites, Apps, and other Services may enable you to post content to social networking services (e.g., Facebook) ("SNS"). In the event you choose to do this, we will provide information to such SNS in accordance with your elections. In such event, you acknowledge and agree that you are solely responsible for your use of those SNS and that it is your responsibility to review the terms of use and privacy policy of the SNS and/or companies providing such SNS. We will not be responsible or liable for: (i) the availability or accuracy of any SNS's terms of use or privacy policy; (ii) the content, products, or services on or availability of such SNS; or (iii) your use of any such SNS.

• Corporate Affiliates

  We may share some or all of your personal information with our corporate affiliates, including, but not limited to, our parents, subsidiaries, joint venturers, and other companies under a common control ("Affiliates"), in which case we will require our Affiliates to respect this privacy policy.

• Corporate Restructuring

  We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition, corporate divestiture, dissolution transaction, or other proceeding involving the sale, transfer, divestiture or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, your personal information may also be transferred as a business asset.

• Co-Branded Companies

  "Co-Branded Companies" are non-Affiliate entities with which we may jointly offer a service or feature. You can tell when you are accessing a service or feature offered by a Co-Branded Company because the Co-Branded Company's name will be featured prominently. You may be asked to provide information about yourself to register for a service offered by a Co-Branded Company. In doing so, you may be providing your information to both us and the Co-Branded Company, or we may share your information with the Co-Branded Company. Please note that the Co-Branded Company's privacy policy may also apply to its use of your information. We are not responsible for the practices of Co-Branded Companies. In addition, by using our Services, you acknowledge and agree that we are not responsible for and do not have control over any Co-Branded Companies.

• Other Disclosures

  Regardless of the choices you make regarding your personal information (as described below), we may disclose your personal information in the event we, in good faith, believe that such disclosure is necessary: (i) to comply with relevant laws or to respond to discovery requests, subpoenas, or warrants served on us; (ii) in connection with any legal investigation; (iii) to protect or defend the rights, property, or safety of Jackpocket, consumers of the Websites, Apps, or other Services, or the public as required or permitted by law; (iv) to investigate, prevent, or assist in preventing any violation or potential violation of law, this privacy policy, or our Terms; (v) detect, prevent, or otherwise address potential or known fraud, security, or technical issues; or (vi) in the event we believe that an emergency involving the danger of death or serious injury to any person requires or justifies disclosure of information.

5. BIOMETRIC VERIFICATION

With your consent, we may use facial image scan services provided by our vendors (including, for example, Onfido and Socure) to help verify your identity. These biometric identity verification providers and their contractors compare facial scan data extracted from your photo in your ID (e.g., driver's license) to the facial scan data extracted from the selfie photo or video you upload, and then report back to us whether or not there is a match. We will use these results to help verify your identity. These scans and associated results may constitute biometric information or biometric identifiers under certain laws. Any biometric identifier/information or representation of it will be processed based on your consent and collected, stored, and managed by Onfido, Socure, or the applicable biometric identity verification provider. Please note that biometric verification options may not be available to consumers in certain states, countries, and other jurisdictions. For more information, please see the Onfido Facial Scan Policy and Release , the Onfido Privacy Policy, the Socure Document & Biometric Verification Privacy Notice, and the Socure Privacy Statement.

Biometric data collected and processed for our verification purposes is scheduled to be retained until the earlier of when verification is complete or for up to three (3) years following your last interaction with the biometric identity verification provider, unless otherwise set forth at the time you provide consent or unless otherwise required by law or legal process. After this period, such biometric data is scheduled to be deleted. You may decline to use the biometric verification process, but this may limit our ability to complete the verification process required to use our Services. You may request to revoke your consent by emailing us at privacy@draftkings.com.

6. SECURITY AND RETENTION OF PERSONAL INFORMATION

The security of your information is important to us. We use reasonable administrative, technical, and physical procedures, practices, and safeguards designed to protect personal information we collect from unauthorized access, use, alteration, exfiltration, or destruction. Payment card information that we collect from you will be held by us or our payment processors, service providers, and other vendorsin encrypted form. Consumer information will be securely erased from hard disks, magnetic tapes, solid state memory, and other devices before we dispose of the device; and in the event this is not possible, the device will be destroyed. We will keep your information for as long as it is needed to achieve its purpose and meet our legal obligations, including, but not limited to, any applicable retention periods, after which we will make reasonable efforts to dispose of it in accordance with our records retention policy and schedule. We make concerted, good faith efforts to maintain the security of your information. Although we work hard to ensure the integrity and security of our systems, it must be recognized that no information system is 100% secure and, therefore, we cannot guarantee the security of such information. Outages, attacks, human error, system failure, unauthorized use, or other factors may compromise the security of user information at any time.

You can also play a role in protecting your personal information. To protect your personal information while using our Websites, Apps, and other Services, we strongly suggest that you do not share your Account information and that you adhere to the following password practices:

• Use a strong password that is at least ten (10) alphanumeric characters long, and contains upper and lower-case characters, numbers, punctuation marks, and special characters such as !@#$;
• Use a password that is not easily guessed and is not a word in any language, slang, or is based on personal information such as a family name;
• Treat your password as confidential and do not disclose it to anyone else;
• Do not write down your password;
• Do not store your password online in unencrypted form;
• Change your password every three (3)months; and
• Choose a password that is unique, not one that you use for any other website or application.

7. OPTIONS REGARDING PERSONAL INFORMATION

a. Your Choices Regarding Your Personal Information

• Email Communications

  We will periodically send you free newsletters and emails that contain information about our various Services or other products and services we feel may be of interest to you. At any time, you can indicate your preference to stop receiving such communications from us, and you may opt out of receiving further marketing from us by emailing us at privacy@draftkings.com or by following the unsubscribe instructions provided in the email you receive. Despite your indicated email preferences, we may send you transactional and service-related communications, including notices of any updates to our Terms and this privacy policy.

• Direct Mail

  In the event you prefer not to receive direct mail marketing, you can opt out by following the opt-out instructions provided in the mailings, by visiting your Communication Settings at www.draftkings.com/communicationsettings and switching the Postal Mail toggle to "Off", or by contacting us directly at support@jackpocket.com.

• Verification

  When we receive a privacy request, we will take reasonable steps to verify the identity of the requestor in accordance with applicable law. In the event the requestor has a password-protected Account with us, we may verify the requestor's identity through our existing authentication practices and may require the requestor to re-authenticate themself before disclosing, correcting, or deleting the Account holder's data. In the event a requestor does not have a password-protected Account, we will take reasonable steps to verify their identity in accordance with applicable law prior to responding to a request. The verification steps may vary depending on the sensitivity of the personal information and the jurisdiction where the requestor is located. In the event we cannot verify a requestor's identity using these methods, we may use an appropriate third-party verification service.

• Opt Out of Targeted Advertising and the Sale or Sharing of Personal Information

  As described above, we and certain other companies may place tracking technologies on our Websites and Apps, which allow us and such companies to receive information about your activity on our Services associated with your browser or device. You may request to opt out of the disclosure of your personal information to third parties for certain non-required purposes by clicking the Do Not Sell or Share My Personal Information link in the footer of our Websites and following the instructions on the page that appears (in certain jurisdictions, the link may be labeled Do Not Share My Personal Information ). In certain jurisdictions, to the extent required by applicable law, we also respond to the Global Privacy Control opt-out preference signal in the event it is enabled in your web browser. Please also keep in mind that your cookie and tracking tool preferences are specific to the device, website, and browser you are using to access the Websites and may be deleted when you clear your browser's cache. You may also opt out of having your personal information disclosed to third parties for certain non-required purposes by visiting the Login & Security tab of your My Account or Profile page on the Websites or Apps and switching the Data Sharing: Do Not Sell or Share My Personal Information toggle to "Off." 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 consumer privacy laws). In the event you do not have an Account or are not logged into your Account when you make an opt-out selection, your request to opt out of the sale or sharing of your information will only be linked to your browser identifier and not linked to any Account information because the connection between your browser and the Account is unknown to us. Please note that after you opt out of the sale or sharing of your personal information, your use of our Websites and Apps may still be tracked by us and our service providers.

• Advertising Alliances Opt Out

  In addition to adjusting the appropriate settings in your browser, many advertising companies that may collect information for targeted advertising purposes are also members of the Digital Advertising Alliance or the Network Advertising Initiative. These organizations provide directions on how you can opt out of targeted advertising by their members. You can find more information on these options at www.aboutads.info and www.networkadvertising.org.

• Apps

  You may stop all collection of information by our Apps by uninstalling the Apps. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application network. In the event you use an Apple device, you may initiate the closure of your account from the Login & Security tab of the My Account or Profile page within the App. You may also request to delete your Account by visiting the Close Account page, following the instructions on that page, and then contacting the Jackpocket Customer Support Team with your Account deletion request.

b. Additional Rights Concerning Your Personal Information

• Accessing Your Personal Information

  You may access certain personal information by viewing it within your Account. Depending on the applicable law of your jurisdiction, you may also request access to personal information that we have collected about you during the past twelve (12) months (or during a longer period in the event provided by applicable law) by using the methods specified below. Depending on the applicable law of your jurisdiction, where technically feasible, you may also request a portable copy of your personal information in a readily usable format.

• Deleting Your Personal Information

  You may delete certain personal information by editing it within your Account. Depending on the applicable law of your jurisdiction, you may also request deletion of certain personal information we maintain about you, and we will use commercially reasonable efforts to honor your request, but please note that we may be legally or otherwise required or permitted to retain such information and not delete it for a certain time, in which case we will make reasonable efforts to comply with your deletion request after we have fulfilled such requirements or completed such permitted uses. When we delete information, it will be deleted from the active database but may remain in our archives. We may also retain your information to detect and prevent fraud or other unlawful or harmful activity or otherwise based on our legal rights or obligations.

• Correcting Your Personal Information

  We take reasonable steps to ensure that the information we collect and process about an individual is complete, up-to-date and accurate, consistent with the requirements of applicable law. However, you also have a responsibility to inform us in the event any of your personal information that we hold is incomplete, outdated, or inaccurate. In the event you believe the personal information we hold about you is incomplete, outdated, or inaccurate, you may request that we amend your personal information.

• How To Submit Requests to Access, Delete, or Correct Your Personal Information

  To submit a request to access, delete, or correct your personal information, please visit DraftKings Privacy Center by clicking here. When submitting a request through DraftKings Privacy Center, please ensure you are logged into your Account. If you have additional questions or requests, please contact us at privacy@draftkings.com. Please note that we may be required to collect certain personal information for the purposes of verifying your identify before fulfilling your request. Please also note that we may deny or fulfill a request only in part based on our legal rights and obligations. With respect to deletion requests, as a regulated entity, we may be required to retain numerous categories of personal information for periods prescribed by law, which may often span several years. In the event we deny a request or part of a request, we will provide information about the reason for the denial. In the event you wish to temporarily or permanently close your Account, please email us at support@jackpocket.com.

8. HOW WE RESPOND TO DO NOT TRACK SIGNALS

Various browsers, including, but not limited to, Firefox, Internet Explorer, and Safari, currently offer a "Do Not Track" or "DNT" option that relies on a technology known as a DNT header, which sends a signal to websites visited by the user about the user's browser DNT preference setting. Please note that, at this time, we do not honor "DNT" signals or other mechanisms that may allow you to opt out of the collection of information across networks of websites and online services, as there is no standard for how online services should respond to such signals. As standards evolve, we may develop policies for responding to DNT signals that would be described in future versions of this privacy policy. For more information on DNT options, please visit www.allaboutdnt.org.

9. CHILDREN

The Websites, Apps, and other Services are not directed toward individuals under the age of eighteen (18), and we require that individuals under the age of eighteen (18) not provide us with personal information. We do not knowingly collect or maintain, through our Services, personal information from anyone under the age of eighteen (18). In the event we become aware that a person under the age of eighteen (18) has provided us with personal information through the Services, we will make reasonable efforts to delete the information from our files, unless we are required to retain it under applicable law or legal process. In the event you are the parent or legal guardian of a person under the age of eighteen (18) who you believe has provided personal information to us through the Services, please contact our privacy team at privacy@draftkings.com.

10. INTERNATIONAL USERS

The Websites and Apps are hosted in the United States. In the event you are a consumer accessing the Services from Canada, the European Economic Area, United Kingdom, or any other country or region with laws or regulations governing personal information collection, use, or disclosure that differ from the state and federal laws and regulations of the United States, please be advised that through your continued use of the Websites, Apps, or other Services, which are subject to this privacy policy and our Terms, you are transferring your personal information to the United States. Your information may be stored and processed in any country where we have facilities or in which we engage service providers or other vendors. By accepting this privacy policy and/or by using the Websites, Apps, or other Services, you consent to the transfer of your information to countries outside your country of residence, including the United States, which may have different privacy and data protection rules than those of your region or country. Please also note that we restrict transactions through our Services to certain states in the United States.

11. CALIFORNIA PRIVACY RIGHTS

• California Consumer Privacy Act

  California residents ("CA Consumers") have certain rights concerning their personal information, including under the California Consumer Privacy Act ("CCPA"). This Section 11 supplements the preceding sections of this privacy policy by describing CA Consumers' additional rights with respect to their personal information and explaining how to exercise such rights. As described in more detail above, we collect and use the following categories of personal information for the business and commercial purposes described in this privacy policy:

  • Identifiers, including, but not limited to, real name, username, postal address, email address, and telephone, Social Security, driver's license, state identification, and passport numbers;
  • Information included in customer records as described in subdivision (e) of California Civil Code Section 1798.80, including, but not limited to, profile photos; credit card, debit card, and bank account numbers; other payment and financial information; and tax information and documents;
  • Demographic information and characteristics of protected classifications under California or federal law, including, but not limited to, date of birth and age;
  • Commercial information, including records of products or services purchased, obtained, or considered;
  • Biometric information as it relates to Account identity verification;
  • Employment information;
  • Education information;
  • Internet or other electronic network activity information, including, but not limited to, information on consumers' interaction with the Websites, Apps, and other Services and other companies' websites and applications, including, but not limited to, information on preferences, usage, communications, subscriptions, SNS usernames, associations, likes, and public profile information;
  • Geolocation information; and
  • Inferences drawn from the information described above.
• Sensitive Personal Information Processing

  We and/or our service providers and other vendors may process the following categories of sensitive personal information as necessary to provide the Services and for permitted business purposes: credit or debit card numbers; financial account numbers; government-issued identification numbers (such as driver's license, state ID, Social Security, and passport numbers); precise geolocation; biometric information; and username and password.

• Right to Know and Access Personal Information Collected, Used, Shared, or Sold

  As described in this Section 11, CA Consumers have the right to request access to personal information we collect about them. The CCPA provides more details on the requests CA Consumers can make. CA Consumers have the right to request that we disclose the following information for the period covering at least the twelve (12) months preceding their request:

  • the categories of personal information we collected about you;
  • the categories of sources from which we collected personal information about you;
  • the categories of personal information that we have disclosed about you for our business purposes and the categories of suppliers to which the personal information was disclosed;
  • the categories of personal information that we sold to third parties and the categories of third parties to whom the personal information was sold, if any;
  • the business or commercial purpose(s) for which personal information about you was collected, shared, or sold; and
  • the specific pieces of personal information we collected about you.
• Right to Correct Inaccurate Personal Information

  CA Consumers have the right to request that we correct inaccurate personal information we maintain about them. See Section 7 for additional details and limitations.

• Right to Request Deletion of Personal Information

  CA Consumers have the right to request that we delete the personal information we maintain about them, subject to certain exceptions. See Section 7 for additional details and limitations.

• Right to Opt Out of the Sale or Sharing of Personal Information

  CA Consumers have the right to opt-out of a business' sale or sharing of their personal information. You may opt-out of the sale or sharing (as those terms are defined in the CCPA) of your personal information by clicking the Do Not Sell or Share My Personal Information link in the footer of our Websites and following the instructions on the page that appears; or by visiting the Login & Security tab of the My Account or Profile page on the Websites or Apps and switching the Data Sharing: Do Not Sell or Share My Personal Information toggle to "Off." We also respond to the Global Privacy Control opt-out preference signal in the event it is enabled in your web browser. We do not knowingly sell or share the personal information of individuals under eighteen (18) years of age. See Section 7 for additional details and limitations.

• Right to Non-Discrimination for Exercising Privacy Rights

  Jackpocket 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.
• How To Request Access, Deletion, or Correction

  To submit a request to access, delete, or correct your personal information, please visit DraftKings Privacy Center by clicking here. When submitting a request through DraftKings Privacy Center, please ensure you are logged into your Account. CA Consumers may also submit such requests by calling (415) 917-2764. If you have additional questions or requests, please contact us at privacy@draftkings.com. See Section 7 for additional details and limitations.

• Designating an Authorized Agent to Submit Privacy Requests

  CA Consumers may use an authorized agent to submit requests to access, delete, or correct their personal information. An authorized agent is a person or entity registered with the California Secretary of State that a CA Consumer has authorized to act on their behalf. In the event you choose to submit a privacy request to us through an authorized agent, we may require that you provide the agent with written permission to do so and that the agent verify their own identity with us. In the event your privacy request is submitted by an agent without proof that they have been authorized by you to act on your behalf, we may deny the request.

• "Shine the Light" Law

  A CA Consumer who has provided personal information to a business with whom they have established a business relationship for personal, family, or household purposes is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, in the event the business has made such a disclosure of personal information, upon receipt of a request from a CA Consumer, the business is required to provide a list of all third parties to which personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

  However, under the law, a business is not required to provide the above-described lists in the event the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing CA Consumers' personal information to third parties for direct marketing purposes, unless the business gives consumers a mechanism to opt out of having their personal information disclosed to third parties for direct marketing purposes. Rather, the business may comply with the law by notifying the CA Consumer of their right to prevent disclosure of personal information and providing a cost-free means to exercise the right.

  We have opted for this alternative approach. As stated in this privacy policy, we give CA Consumers a mechanism to opt out of having their personal information disclosed to third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of third parties that received your personal information for marketing purposes. In the event you wish to opt out of sharing your personal information with third parties for direct marketing purposes, please see the instructions in Section 7 for how to opt out.

12. ADDITIONAL U.S. STATE PRIVACY RIGHTS

• Consumer Rights Under Certain U.S. State Laws

  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 12 supplements the preceding sections of this privacy policy 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 12 personal information does not include information about job applicants, employees and other personnel, or representatives of third-party entities with which we may interact.

• Sensitive Personal Information Processing

  We and/or our service providers may process the following categories of sensitive personal information: precise geolocation; biometric Information; and citizenship and/or immigration status.

• Loyalty Program Information

  From time to time, we or our vendors on our behalf may collect personal information in connection with a loyalty or rewards program, including the Dynasty Rewards Program. See https://www.draftkings.com/dynasty-home and https://www.draftkings.com/dynasty-rules for the Dynasty Rewards Program terms and benefits.

• Right to Request Access, Deletion, and Correction

  Covered Consumers have the right to request that we confirm whether or not we are processing their personal information and the right to request to access, correct, and delete their personal information. Residents of Delaware, Oregon, and certain other states may also request a list of third parties (as defined in applicable law) to whom we have disclosed personal information. To submit a request to access, delete, or correct your personal information, please visit DraftKings Privacy Center by clicking here. When submitting a request through DraftKings Privacy Center, please ensure you are logged into your Account. If you have additional questions or requests, please contact us at privacy@draftkings.com. See Section 7 for additional details and limitations.

• Right to Appeal

  Certain Covered Consumers may have the right to submit an appeal in the event they are not satisfied with the outcome of a privacy request. To submit an appeal request, please ensure you are logged into your Account and visit DraftKings Privacy Center by clicking here. Otherwise, please send appeal requests via email to privacy@draftkings.com with "Appeal" in the subject line of the message.

• Right to Opt Out of Targeted Advertising and the Sale of Personal Information

  We may use personal information obtained from and in connection with Covered Consumers' activities across unaffiliated sites to provide more relevant advertising to you. Covered Consumers have the right to request that we stop using their personal information for such targeted advertising. Additionally, Covered Consumers have the right to opt out of "sales" of personal information as defined under applicable state law. See Section 7 for information on how to opt out. As described above, based on our advertising and marketing practices, we may disclose the following categories of personal information to third parties: online identifiers (such as IP addresses, advertising identifiers, cookie identifiers, and pixel tags), email addresses, names, general demographics, and certain commercial information regarding Services purchased, obtained, or considered. We may disclose these categories of personal information to the categories of entities described in Section 1, Section 3, and Section 4 of this privacy policy, including advertisers and marketing entities, Analytics Companies, and SNS.

  In the event you are a Covered Consumer residing in Colorado, Connecticut, Delaware, Nebraska, New Hampshire, New Jersey, Oregon, Texas, or another state with a consumer privacy law that provides for the right, you may designate an authorized agent to make an opt-out request on your behalf. When submitting the opt-out request, please ensure the authorized agent is identified as an authorized agent and ensure that the agent has the necessary information to complete the verification process. We may request that you confirm that you have permitted the authorized agent to act on your behalf.

13. HOW TO CONTACT US

Any inquiries or comments regarding your personal information and privacy rights, our data privacy practices, this privacy policy, or any reports regarding suspected or actual security violations or harmful or unlawful activity, including, but not limited to, fraud on your Account should be directed to our Data Privacy Officer via email to privacy@draftkings.com.

14. CHANGES AND UPDATES TO THIS PRIVACY POLICY

This privacy policy may be revised periodically in our sole discretion, and any changes will be effective upon the revised privacy policy being posted to our Websites or Apps. You are solely responsible for reviewing this privacy policy for any changes. In the event we make material changes to this privacy policy, as determined by us in our sole discretion, we will notify you and/or request that you accept our updated privacy policy. 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 privacy policy. 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 policy will indicate your acknowledgement of and consent to such changes, with the understanding that the updated privacy policy applies to all of your personal information, including the personal information collected before the changes went into effect.