PRIVACY NOTICE

Last Updated: May 21, 2025

DRAFTKINGS - OUR COMMITMENT TO PRIVACY

DraftKings ("DK," "we," "us," or "our") strives to offer fans the most entertaining games and experiences found anywhere on the Internet. To ensure the trustworthiness of our games and the quality of your experience, we collect and process information about our consumers. We are committed to handling your information with respect because your privacy is important to us. We provide this notice to explain how we collect and use information from consumers of our website at https://www.draftkings.com("Website"), our mobile applications ("Applications"), our Daily Fantasy Sports and Pick6 (collectively, "DFS") contests, our Sportsbook and Casino (collectively "Gaming") offerings, and related services including, but not limited to, our social networking features (collectively, "Services"). 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.

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.

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.

TABLE OF CONTENTS

THE PERSONAL INFORMATION WE COLLECT
INTERACTION WITH THIRD-PARTY SITES AND SERVICES
ADDITIONAL USES OF PERSONAL INFORMATION
ADDITIONAL DISCLOSURES OF PERSONAL INFORMATION
BIOMETRIC VERIFICATION
SECURITY AND RETENTION OF PERSONAL INFORMATION
OPTIONS REGARDING PERSONAL INFORMATION
HOW WE RESPOND TO DO NOT TRACK SIGNALS
PROHIBITED USERS AND INTEGRITY MONITORING
CHILDREN
INTERNATIONAL USERS
CALIFORNIA PRIVACY RIGHTS
ADDITIONAL U.S. STATE PRIVACY RIGHTS
MASSACHUSETTS GAMING CONSUMER PRIVACY RIGHTS
NORTH CAROLINA GAMING CONSUMER PRIVACY RIGHTS
CANADA PRIVACY RIGHTS
HOW TO CONTACT US
CHANGES AND UPDATES TO THIS PRIVACY NOTICE

1. THE 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 country and state/province in which 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 notice.
When you use our Website, Applications, 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.
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, 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 and our service providers and other vendors may record, monitor, and retain emails, chats, calls, and texts. By communicating with us, you consent to this recording, monitoring, and retention. We may use chatbot technology and other automated methods of communication.
We will collect the profile photo you upload and username you choose for your public profile page, including in connection with our social networking features ("Profile"), to give you a personalized experience of our Services. When you participate in any DFS contest, Gaming offering, or other product through the Website, Applications, or other 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 Website, Applications, 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 DraftKings sweepstakes, giveaway, contest, 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, contests, promotions, and games are voluntary. We recommend that you read the rules associated with any sweepstakes, giveaway, contest, promotion, or game before entering.
In the event you use our social networking features, including, but not limited to, those on DK Social and DK Network, we may collect, and other DraftKings consumers may be able to see, your Profile information, including, but not limited to, your username, real name, photo, location, the content you post on your social feed and the social feeds of other DraftKings consumers, and any other information you choose to upload or share. We may also collect, and other consumers may also be able to see, information about the DFS contests and Gaming offerings you participate in, including, but not limited to, contest entry fees, wagers and betting feed data, and contest lineups. In the event you elect to sync, upload, or import data about your contacts from your device's address book, we may collect and use that information to provide you and your contacts with our Services, including, but not limited to, helping you find and connect with your contacts and helping your contacts connect with you. In general, the information you choose to provide when using our social networking features is public, and you should exercise caution and good judgment before you post, sync, upload, import, or otherwise share information with us and others in order to avoid disclosing sensitive, harmful, or unlawful information. You are solely responsible for the content you post, upload, or share and other information you provide, whether by syncing, uploading, importing, or otherwise, when you choose to use our social networking features. You may control the information you upload or share through our social networking features by using our social privacy settings. The social privacy settings allow you to determine: who is able to see your Profile and your DFS and Gaming activity through our social networking features; who can add you as a friend; who can find you in a username search; who is able to see your real name and friends lists; whether you will receive notifications of replies and reactions to your posts; whether you will receive notifications that someone has posted content to your feed or posted about you; and who can see your posts.

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 Website, Applications, and other Services, including your browser type, operating system, Internet protocol (IP) address, 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 Website, Applications, or other Services again, we will be able to recognize you and optimize your experience accordingly.

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, advertising identifiers, serial numbers, device motion information, and mobile network information. In the event you have downloaded our Application(s), we may also collect certain information from your mobile device, including information about how you use our Application(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 our Application 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 Applications.

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 Website, Applications, 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 Website and Applications and the performance of our Services. These types of information are collected to make the Website and Applications 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 Website and Applications, 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, FantasyPros, LiveRamp, Reddit, Snapchat, TikTok, The Trade Desk, TruSignal, and Twitter, may collect information about you and your visits to the Website and Applications 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 Website and Applications 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 Website, Applications and other Services as well as other sites, social media networks, and applications tracked by such vendors. 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. 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, please click 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 Website, Applications, 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, 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 Website, Applications, 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 geolocation records, for purposes of verifying whether you are eligible to participate in a DFS contest, Gaming offering, sweepstakes, promotion, or giveaway or to determine whether you are otherwise permitted 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 or About Friends

Refer-a-Friend

Our Services may enable you to invite your friends to join in the fun. We offer several ways to invite friends to play on the Website and Applications. All options include the use of a unique URL link provided to you by us that you must use to direct people who do not have an existing Account to the Website and Applications to become a referred friend ("Link"). You may share the Link with friends via email, text, Facebook, Twitter, and other ways. When a friend uses the Link to register an Account on DraftKings, the Link enables us to associate that friend with the referrer, primarily for the purpose of awarding bonuses. The Link and the terms and conditions of the Refer-a-Friend program are available through DraftKings Refer a Friend Terms. We also employ techniques to facilitate invitations to friends using the Link, including a contact importer tool that allows you to add your contacts, including those in your address book, so that you can ask them to join DraftKings and communicate with you through the Website, Applications, and other Services. Our contact importer tool may not be available to consumers in certain regions, countries, and other jurisdictions. In the event it is available, with your permission, we will access your address book and import your contacts' names, email addresses, phone numbers, locations, and associated details to determine which of your friends have not registered an Account on DraftKings. We rely upon you to obtain any consents from your friends and contacts that may be required by law to allow us to access, upload, and use their personal information for this purpose. You or your friends or contacts may reach us at privacy@draftkings.com to request the removal of this information from our database.

Find-a-Friend

Our Services may also enable you to invite your friends who already have an Account to participate in our Services. In order to invite friends with Accounts to join in the Services, you may: (i) enter your friend's username associated with their Account to find and locate them; or (ii) in the event you are using our Application(s), use our contact importer tool to import and search through your contacts, including contacts in your address book, to match those of your friends who are also registered DraftKings consumers. Our contact importer tool may not be available to consumers in certain regions, countries, and other jurisdictions. In the event it is available, with your permission, we will access your address book and import your contacts' names, email addresses, phone numbers, locations, and associated details to facilitate the connection with your friends. It is your responsibility to obtain any consents from your friends and contacts that may be required by law to allow us to access, upload, and use their personal information for this purpose.

d.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 Website and Applications. 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 notice 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 Website, Applications, 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 various terms of use and this notice 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 Website or Applications, including, but not limited to, the information or content contained within them. By using our Website, Applications, 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 Website and Applications 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 Website, Applications, 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 Website and Applications. 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 playing in DFS contests and Gaming offerings. 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 Website, Applications, 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 DK or our service providers and other vendors. By using our Website, Applications, or other Services, you consent to DK's use of your personal information and disclosure of it to our 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 notice, 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; and
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@draftkings.com, or by visiting your Communication Settings at www.draftkings.com/communicationsettings or the Notification Preferences under your Profile settings in our Application(s).

4. ADDITIONAL DISCLOSURES OF PERSONAL INFORMATION

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

Parties You Share With

When you use the Website, Applications, or other Services, the personal and other information you choose to provide, including, but not limited to, through our social networking features, will be shared with parties you allow to receive such information. For example, you may choose to communicate personal information to your friends and other players, including, but not limited to, those who are participating in the same DFS contest or Gaming offering as you. In addition, any information you post, upload, or disclose through your use of our social networking features may be available to other consumers of our Services and the general public. As indicated above, by using the social privacy settings, you may control who may view your Profile information, the DFS and Gaming participation activity you share through the social networking features, the content you post or otherwise share through the social networking features, and the notifications you would like to receive through the social networking features.

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 notice; verify your identity; prevent unlawful uses of our Services; deliver customized or personalized content, information, and advertising; understand when consumers have installed our Applications; monitor the health and performance of code on consumers' devices; request feedback; send consumers links to download our Applications; 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 contest, sweepstakes, giveaway, promotion, or game 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.

Leaderboards

We may publicly share information about the contests, promotions, and games in which you participate, including information related to your username, first name and initial of last name, win/loss records, finishes, and fantasy picks in our leaderboards.

Co-Branded Companies

"Co-Branded Companies" are 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.

DK Promotions

When you participate in a DFS contest, Gaming offering, promotion, or otherwise use the 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 Website, Applications, 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 subsidiaries, joint venturers, and other companies under a common control ("Affiliates"), in which case we will require our Affiliates to respect this notice.

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.

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 or property of DraftKings or consumers of the Website, Applications, or other Services; (iv) to investigate or assist in preventing any violation or potential violation of law, this notice, or our terms of use; or (v) 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 revoke your consent at any time 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 Website, Applications, 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 of use and this privacy notice.

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 on the Website at www.draftkings.com/communicationsettings and switching the Postal Mail toggle to "Off", or by contacting us directly at support@draftkings.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 Website and Applications, 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 Website 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 Website 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 Website or Applications 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-specific 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 Website and Application(s) 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, Digital Advertising Alliance of Canada, 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, http://www.youradchoices.ca, and www.networkadvertising.org.

Applications

You may stop all collection of information by our Applications by uninstalling the Applications. 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 Application. You may also request to delete your Account by visiting the Close Account page, following the instructions on that page, and then contacting the DraftKings Customer Support Team with your Account deletion request.

b. Additional Rights Concerning Your Personal Information

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.

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@draftkings.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 notice. For more information on DNT options, please visit www.allaboutdnt.org.

9. PROHIBITED USERS AND INTEGRITY MONITORING

As indicated in our terms of use, members, employees, operators, or consultants of, and other individuals affiliated with, a sports-governing body may be prohibited from participating in certain DFS contests and Gaming offerings where such member, employee, operator, consultant or other affiliated individual is prohibited from participating in DFS contests or Gaming offerings by such sports-governing body ("Prohibited Users"). For clarity, examples of sports-governing bodies include, but are not limited to, the National Football League, the National Basketball Association, Major League Baseball, and the National Hockey League. Subject to applicable law, we may report any suspected participation in the Services or in any DFS contest or Gaming offering by any Prohibited Users to the applicable sports-governing body. Subject to applicable law, we may also report any participation in the Services or in any DFS contest or Gaming offering suspected of involving illegal or harmful activity affecting the integrity of the sporting or other event, including, but not limited to, match fixing, fraud, or game manipulation, to one or more gaming integrity organizations (e.g., the International Tennis Integrity Agency) and/or the applicable sports-governing body.

10. CHILDREN

The Website, Applications, 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.

11. INTERNATIONAL USERS

The Website and Applications 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 Website, Applications, or other Services, which are subject to this notice and our terms of use, 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 notice and by using the Website, Applications, 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.

12. 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 12 supplements the preceding sections of this privacy notice 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 notice:

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 Website, Applications, 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.

We may collect such personal information from the categories of sources described in this privacy notice. We may disclose the above-referenced categories of personal information for our business and/or commercial purposes to the extent permitted by applicable law with the categories of third parties described in Section 1, Section 3, Section 4, and Section 5 of this notice.

Based on our advertising and marketing practices, we may share the following categories of personal information: online identifiers (such as IP addresses, advertising identifiers, cookie identifiers, and pixel tags), email addresses, names, general demographics, and certain commercial information. We may disclose these categories of personal information to the categories of parties described in Section 1, Section 3, and Section 4 of this notice, including advertisers and marketing entities, Analytics Companies, and SNS.

We keep your data for as long as it is needed to achieve its purpose or 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.

From time to time, we may collect personal information in connection with a promotion, offer, program, or discount. The offers and incentives made available through such Services are generally related to the value of the relationships that we have with the individuals who participate. Participation is voluntary, and you may withdraw at any time by emailing us using the information set forth in Section 17.

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, 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 12, 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 of your personal information by clicking the Do Not Sell or Share My Personal Information link in the footer of our Website 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 Website or Applications 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

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.

How To Request Access, Deletion, or Correction

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 notice) 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 notice, 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.

13. 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 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.

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. We may disclose these categories of personal information to the categories of entities described in Section 1, Section 3, and Section 4 of this notice, 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.

14. MASSACHUSETTS GAMING CONSUMER PRIVACY RIGHTS

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.

MA Gaming Consumer Privacy Rights

Subject to applicable law, including, but not limited to, verification requirements, exceptions, and limitations discussed in Section 7, MA Gaming Consumers have the right to request:

A description of how their personal information is being used in accordance with 205 CMR 257.00;
Access to a copy of their personal information maintained by DraftKings or its service providers and other vendors in a structured, commonly used and machine-readable format;
Updates to their personal information to correct inaccurate or out-of-date information;
Deletion or anonymization of their personal information when it is no longer necessary to be retained by applicable law or court order, to operate the Website, Applications, and other Services, and to perform any other purpose authorized under 205 CMR 257, including, but not limited to, any overriding legal interest; and
The imposition of additional restriction(s) on the use of their personal information for particular uses.

To submit a request to access, delete/anonymize, or correct your personal information or to appeal a denial of a privacy request, please visit DraftKings Privacy Center by clicking here. When submitting a request through DraftKings Privacy Center, please ensure you are logged into your Account. For additional questions or requests, please contact us at privacy@draftkings.com. See Section 7 for additional details and limitations.

15. NORTH CAROLINA GAMING CONSUMER PRIVACY RIGHTS

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.

Cessation of Use or Deletion of Personal Information

Subject to applicable law, we will honor requests from NC Gaming Consumers for DK to delete or cease using their personal information and other data collected about them and will direct our agents and affiliates to do the same. DK may deny and not fulfill a NC Gaming Consumer's request to delete or cease using their personal information and other data in the event maintaining such information is necessary for DK to:

Complete the transaction for which the personal information or other data was collected, provide a good or service requested by the individual, or reasonably anticipated within the context of our ongoing business relationship with the individual, or otherwise perform a contract between DK and the individual;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity or prosecute those responsible for that activity;
Debug or identify and repair errors that impair existing intended functionality;
Enable internal uses that are reasonably aligned with the expectations of the consumer based on the NC Gaming Consumer's relationship with DK; or
Comply with any legal obligation.

NC Gaming Consumers also have the opportunity to request that DK and its agents and affiliates delete or de-identify such consumers' personal information as part of the Account closure process, subject to the exceptions referenced above in this Section 15. To submit a request to delete/de-identify 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. For additional questions or requests, please email us at privacy@draftkings.com. See Section 7 for additional details and limitations.

Additional Information

The Director of the North Carolina State Lottery Commission or a NC Gaming Consumer may request that we identify the names of third-party entities to which DK has disclosed NC Gaming Consumers' personal information, and DK will use commercially reasonable efforts to identify such third-party entities.

Non-Discrimination

DK will not discriminate against NC Gaming Consumers for declining to consent to the sale of their data.

16. CANADA PRIVACY RIGHTS

Consumers located in Canada ("Canadian Consumers") have certain rights concerning their personal information under applicable Canadian federal and provincial privacy laws. This Section 16 supplements the preceding sections of this notice by describing Canadian Consumers' additional rights regarding their personal information and explaining how to exercise such rights, subject to applicable exceptions. 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.

Consumer Rights Under Canadian Privacy Laws

Subject to exceptions under Canadian privacy laws, Canadian Consumers have the right to:

Request access to their personal information in our custody and control;
Request information about the use and disclosure of their personal information; and
Request to update, rectify or correct any inaccuracies in their personal information in our custody or control.

Canadian Consumers also have the right to withdraw consent to the use and disclosure of their personal information, subject to legal and contractual restrictions and reasonable notice. Canadian Consumers physically located in Québec may also have the right to receive a copy of their personal information in a structured, commonly used format or to request that we share such information with an authorized third party, unless doing so poses serious practical difficulties.

To exercise these rights, 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, please contact our Data Privacy Officer at privacy@draftkings.com. Please note that we may be required to collect certain personal information for the purposes of verifying your identify before responding to your request. For more information on your privacy options, including with respect to cookies and interest-based advertising, please see Section 7.

In the event you are a Canadian Consumer using our DFS products, the controller of your personal information is DK CAN Ltd. As noted in Section 11, we and our service providers and other vendors may access, store and otherwise process personal information outside of Canada (and, for residents of the province of Québec, outside of Québec), including in the United States and other foreign jurisdictions. We and our service providers and other vendors may disclose your personal information if we are required or permitted by applicable law or legal process, which may include lawful access by foreign courts, law enforcement, and other government authorities in the jurisdictions in which we, our service providers, and our other vendors operate.

17. HOW TO CONTACT US

Any inquiries or comments regarding your personal information and privacy rights, our data privacy practices, this privacy notice, 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.

18. CHANGES AND UPDATES TO THIS PRIVACY NOTICE

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. 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. 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.