Privacy Policy

 

Last Updated: February 21, 2025

 

Spike Play, Inc. (“Spike Play”), operates the website https://spikeplay.com/ (the “Website”), and all subdomains, subpages and successor sites features, social media pages, mobile apps, tools and services relating thereto (the “Services”). This Privacy Policy details how Spike Play manages, collects and uses the information obtained through your use of our Services. All information you provide through your use the Website is subject to the terms of this Privacy Policy.  

 

What Type Of Information We Collect

 

We collect unidentifiable information that may be made available or gathered via your use of the Services and/or other interactions with the Website (“Non-personal Information”).

 

We also collect personally identifiable information, such as (i) full name; (ii) mailing/residential address; (iii) phone number; (iv) email address; (v) age; (vi) information we obtain from a third party about your use of or interest in our Services; (vii) transaction information you provide when you make a purchase and/or request a redemption, including banking, financial, and/or other payment method details, and bank account statements and/or (viii) location information, including, without limitation, location information provided by a mobile or other device interacting with the Website, or associated with your IP address. (“Personal Information”). We may also request other forms of Personal Information in order to ensure your compliance with our Terms and Conditions and/or verify your eligibility to participate in the Services. All Personal Information shall be as accurate, complete, and up-to-date. It shall be your sole responsibility to update any and all Personal Information provided for use of the Website. If we combine Personal Information with Non-personal Information, the combined information will be treated as Personal Information for as long as it remains combined.

 

In order to enhance the functionality of our Services and provide you with a better user experience, we collect technical information transmitted by your device used to access the Website (through the use of third party analytical cookies), including certain software and hardware information (e.g. access time, ads visited, the domain name of the website that linked you to the Services; etc.).

 

We also collect information about your use of the Website, such as user activity (e.g. pages viewed, the amount of time spent on particular pages, clicks, actions, etc.). This information is collected for research and analytics purposes regarding your use of the Services.

 

If you choose to connect to our Website through your social media account, we may collect Personal Information from your profile to be used in accordance with this policy.

 

We may also aggregate, anonymize or de-identify the information collected by the Services or via other means so that the information cannot, on its own, personally identify you. We may share this aggregated and/or de-identified data with our affiliates, agents and business partners. We may also disclose aggregated and/or de-identified user statistics and other metrics related to our Website in order to describe our products or services to current and prospective business partners and to other third parties for other lawful purposes.

 

Cookies

 

We use cookies and other technologies to gather, store, and track certain information related to your use of the Services. A cookie is a piece of data stored on your device containing information about your access to the Website. Cookies may be sent by us or our third-party vendors. Each user can set its browser to notify the user before a cookie is received, giving an opportunity to decide whether to accept the cookie. Each user may also set its browser to turn off cookies; however, some features of the Website may not work properly in such instance.

 

We may use cookies for various different purposes. These purposes include allowing you to navigate between pages efficiently, enabling automatic activation of certain features, remembering your preferences, and making the interaction between you and our Services quicker and easier.

 

By using our Services and/or otherwise accessing the Website, you agree to the use and storage of cookies on your device used to access the Website. If you do not wish for cookies to be stored on your device, you can deactivate the relevant option in the system settings of your browser. You can also delete stored cookies in the system settings of your browser at any time.

 

How We Use The Information We Collect

 

We will only collect information that is relevant for the purposes of providing the Website and/or Services, including, without limitation, to: (i) improve the Website and/or its features; (ii) gather usage statistics for the Website; (iii) provide customized user experiences; (iv) provide access to third party content or services and/or providers; and (v) fight spam, fraud, and other abuse of the Website. We may also the information you provide for the following reasons:

 

·         To identify you as a user;

 

·         To process transactions;

 

·         To collect your location information for the purpose of verifying whether you are eligible to access the Website;

 

·         To prevent fraudulent or other criminal activity;

 

·         To meet legal and regulatory requirements;

 

·         To enforce our Terms and Conditions and/or other policies;

 

·         To contact users for administrative purposes, including, without limitation, notifying you of changes to our Terms and Conditions and/or Privacy Policy;

 

·         To communicate with you;

 

·         To provide information regarding your account;

 

·         To conduct market research; and

 

·         Where you have given us your specific consent for processing your information.

 

The type of information collected and the purposes listed above are necessary for our legitimate business interests including, without limitation, to develop our products and services, grow our business, study how visitors use our services and inform our marketing strategy).

 

Sharing of Personal Information

 

We do not trade, sell, or otherwise share your Personal Information with third-parties except as set out in this Privacy Policy. In addition to the different uses listed above, we may transfer or disclose Personal Information to other third parties for any of the following reasons:

 

·         For the purpose of processing payments, conducting testing, geo-locating users, personalizing and improving your use and experience of the Website, sending email and push notifications, enabling security support and technical maintenance, and preventing harmful and/or unlawful uses of the Website.

 

·         For analytics purposes and website performance.

 

·         For marketing analysis and/or to our advertisers and advertising networks; however, any information disclosed will be in the form of aggregate data that does not describe or identify an individual user.

 

·         To: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iii) to establish or exercise our rights to defend against legal claims; (iv) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (v) for the purpose of collaborating with law enforcement agencies.

 

·         In the event that ownership of all or a part of Spike Play or its business were to change via merger, acquisition, divestiture, dissolution, or sale of all or substantially all of Spike Play’s assets.

 

Third Party Services and Collection Of Information

 

Third parties may provide materials to the Website that use cookies, web beacons, or other tracking technologies to collect your information, including information about your online activities over time and across different websites and other online services. Those third parties may use this information to provide you with interest-based advertising or other targeted content. We do not control third party tracking technologies or how third parties use them. Your use of third party applications or services are governed by the terms and privacy policy of the third party that provided that application or service. This Privacy Policy does not apply to any third party's websites, services or applications, even if they are accessible, downloadable, or otherwise distributed through the Services.

 

When you initiate a payment transaction through the Website, we may process your payments through a third party website, including, without limitation, third-party payment processers. 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.

 

If you decide to use, click on, access, or provide any information to a third party website, you acknowledge that you are doing so at your own risk. Please be aware that we do not operate, control, or endorse third party websites that may be linked on the Website or the Services, nor are we responsible for the content or privacy practices of third party websites. We disclaim any responsibility for your personal information on third party websites, and we do not make any warranties or representations that any third party website will function without error or interruption, that defects will be corrected, or that any third party websites or their servers are free of viruses or other problems that may harm your computer.

 

Protecting Your Information

 

We exercise all reasonable efforts to safeguard the confidentiality of information provided via use of the Website; however, you acknowledge that the protection of your information is not 100% guaranteed. If you feel that your privacy has not been protected in accordance with our policy, please contact us directly at contact@spikeplay.com.

 

Retaining Your Information

 

We will retain your Personal Information while you are an active user of the Website, 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 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, we will use best efforts to comply with such law. Upon termination of your account, 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.

Your Privacy Rights

 

In addition to your other rights provided in this Privacy Policy, you 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. As a result of your ability to opt out, we are not required to maintain or disclose a list of third parties that receive your Personal Information for marketing purposes.

 

The following rights may be exercised directly by you or, in certain cases, through an authorized agent:

 

·         Right to Access Personal Information: 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, you have the right to request a copy of your Personal Information.

 

·         Right to Delete Personal Information: the right to request that we (i) correct, and/or (ii) delete some or all of the Personal Information that we have about you, subject to certain exceptions (i.e. information used to provide features on the Website, complete transactions, honor opt-outs, prevent fraud, spam, and other abuse, comply with our legal obligations, cooperate with law enforcement, or to exercise and defend our rights).

 

·         Right to Opt-Out of Sale of Personal Information: the right to opt out of the sale of your Personal Information, and to request information about whether we have sold your Personal Information in the past twelve (12) months. We do not sell Personal Information to third parties for direct marketing purposes. Should such change, we will notify users and provide an ability to opt out as required.

 

·         Right to Object to Processing of Personal Information: the right to cease permitting Personal Information to be collected, used, or disclosed by us and/or by any third parties with whom we have shared Personal Information.

 

·         Right to Opt-Out or Withdraw Consent: You have the right to opt-out or withdraw any consent(s) previously provided to Spike Play. Please note that even if you opt out from receiving communications, we may still contact you with important information related to your use of the Website.

 

To exercise your rights, we must be able to verify your identity as the owner of the account and/or Personal Information you are inquiring about. An authorized agent submitting a request on your behalf must also have access to the email address associated with your account, along with sufficient evidence (as determined in Spike Play’s discretion) that you have authorized that person to submit the request on your behalf. We won’t discriminate against anyone because they exercise any rights herein. If you wish to exercise any of the rights set out above, please contact us at contact@spikeplay.com.

 

International Users

 

This Privacy Policy is intended to cover collection of information within Spike Play’s home jurisdiction. Some countries may require stricter privacy policies than those described herein. If you are accessing the Website from a foreign country, you understand and agree that your information may be transferred to, stored, and processed in our home jurisdiction or the jurisdiction of the third parties described herein, and that the data protection and other laws of our home jurisdiction or the jurisdiction of such third parties might not be as comprehensive as those in your home country.

 

Minors

 

The Website is not provided to users under the age of 18. If you are under 18, you should not use the Website nor provide any Personal Information to us. We reserve the right to access and verify any Personal Information collected from you. In the event that we become aware that a user under the age of 18 has shared any information, we will discard such information. If you have any reason to believe that a minor has shared any information with us, please contact us at contact@spikeplay.com.

 

Updates

 

We may revise this Privacy Policy from time to time, in our sole discretion, and the most current version will always be posted on our Website. Your continued use of the Website after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. The provisions contained in this Privacy Policy shall survive any termination of your account and/or use of the Website.

 

Governing Law

 

This Privacy Policy shall be construed and enforced in accordance with the laws of the State of Delaware, 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, without limitation, the Data Protection Act, General Data Protection Regulation, the California Consumer Privacy Act ("CCPA"), the Virginia Consumer Data Protection Act ("VCDPA"), and/or any other applicable act or regulation governing our collection of your Personal Information.

 

Any dispute over privacy is subject to the provisions of this notice and to our Terms and Conditions.

 

How To Contact Us

 

If you have any general questions about the Services or the information that we collect about you and how we use it, please contact us at contact@spikeplay.com.