Levi’s Stadium Privacy Policy
Effective Date: December 28, 2022 Forty Niners Stadium Management Company LLC (“we,” “our,” “us”) respects your privacy and values your trust and confidence. This privacy policy (the “Policy”) applies to our online and offline information practices, including information collected from our websites and online services located at www.levisstadium.com and www.levisstadiumpremium.com, and other ways in which you interact with us, including by phone, email, social media and other ways (collectively, the “Services”), and explains how we collect, use, disclose and secure information through the Services. It also describes your choices regarding use, access and correction of your personal information. By using the Services, you agree to the terms of this Privacy Policy. If you do not agree with this Privacy Policy, you cannot use the Services. Please note that this Privacy Policy does not apply to, and we are not responsible for, any information that is collected or obtained through the San Francisco 49ers website (www.49ers.com), third party websites (including the San Francisco 49ers Team Shop, www.shop49ers.com, and www.ticketmaster.com) or information collected by the NFL or the other NFL member clubs (the “Member Clubs”). For more information, we encourage you to check their privacy policies. U.S. State Privacy Laws Certain U.S. state laws confer special rights relating to Personal Information to their residents. If you are a resident of any of the states below, please click on the respective link for an additional privacy notice applicable to you. Arbitration Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against us on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. For more information click here: Arbitration; Claims Must Be Brought on an Individual Basis. Table of Contents HOW WE USE YOUR PERSONAL INFORMATION OTHERS WITH WHOM WE MAY SHARE YOUR PERSONAL INFORMATION HOW WE USE “COOKIES AND OTHER TECHNOLOGY” RETENTION OF PERSONAL INFORMATION THIRD PARTY ADVERTISING AND ANALYTICS DISCLAIMER ARBITRATION; CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS CALIFORNIA CONSUMERS: CCPA AND CPRA PRIVACY NOTICE FOR CALIFORNIA EMPLOYEES AND JOB APPLICANTS Please review this Policy periodically, and especially before you provide any Personal Information to us. Your continued use of our Services after any changes or revisions to this Policy become effective shall indicate your agreement with the terms of such revised and then-current Policy. By accessing or using our Services or voluntarily submitting information to us, you consent to the data practices described in this Policy. We may make full use of all information that is de-identified, aggregated, or otherwise not in personally identifiable form. We collect Personal Information about you in the following ways: (1) from you when you choose to voluntarily provide it; (2) using automated technology, including when you use our Services or interact with our electronic advertisements or communications; and (3) third party sources, including but not limited to service providers, entities providing data analysis and analytics, social media and social networking websites and other entities. Automated technology collects information from your computer or mobile device and includes cookies, web beacons, local shared objects, or other similar technology. More information is given in the How We Use Cookies and Other Technology section below. All Personal Information may be used for the purposes stated in this Policy. We may combine data collected from third party sources. Personal Information We collect Personal Information, including but not limited to:
We collect information about you through your browser, computer hardware and software. This information can include but is not limited to:
This information is used by us for the improvement of our Services, including used for analyzing trends, administering the websites, tracking users’ movements around our Services and gathering demographic information about our base as a whole. We also collect information such as product preferences, store where you purchased our product(s), and feedback if you choose to provide it to us through our Services, email and/or telephone call. HOW WE USE YOUR PERSONAL INFORMATION We use Personal Information of customers for a wide range of purposes, including:
OTHERS WITH WHOM WE MAY DISCLOSE YOUR PERSONAL INFORMATION Service Providers and Contractors: We disclose Personal Information you provide to consultants, service providers, and contractors that we use to support our business and operations who have agreed to keep the information confidential and use it only to provide the applicable service(s) such as vendors that help us communicate with you, vendors that host our websites and data, security and fraud detection vendors. Third Parties and Vendors We disclose Personal Information to third parties we work with who help us gather information from you and communicate with you including entities that provide sweepstakes/contests sponsorship, social media companies, companies providing data analytics, targeted advertising, or online behavioral marketing services. We disclose Personal Information to third parties we work with who help us gather information from you and communicate with you including entities that provide sweepstakes/contests sponsorship, social media companies, companies providing data analytics, targeted advertising, or online behavioral marketing services. Subsidiaries and Affiliates: We may share your information with all members of the NFL family, including, without limitation, the Member Privacy s, NFL Properties LLC, NFL International LLC, NFL Enterprises LLC, NFL Ventures, L.P., and NFL Ventures, Inc. Select Business Partners: We may share your personal information with select business partners so that they can provide you with special offers, promotional materials, and other materials that may be of interest to you. For example, you may be presented with an opportunity to have certain personal information shared with our third party business partners when you enter a contest or sweepstakes or elect to receive marketing offers or other information. If you do not elect to have your personal information shared, it will not be shared with such third parties. We take measures to help ensure that our partners protect the confidentiality, integrity, and security of any information we share with them. However, we are not responsible for the privacy practices of our business partners, which may use your information for their own purposes. Business Transfer, Sale, or Corporate Restructuring: If we sell all or part of our business, or make a sale, assignment, or transfer of assets, or are otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, a business reorganization, or similar event, we may transfer your information as part of such transaction. Interactive Features: We may share information with third parties when you post information to a user profile or a public area of the Services, such as a chat function, comment section, public profile, or other community tool. If you post to these interactive features, it will be publicly available and you may receive unsolicited messages from other parties. We cannot ensure that parties who have access to such information will respect your privacy. Please exercise caution when using these features. Contests or Sweepstakes: We periodically operate contests and sweepstakes through or promoted on www.levisstadium.comor www.levisstadiumpremium.com that will require registration or the submission of personal information. Your personally identifiable information may be used to contact you for winner notification, prize delivery confirmation or other related purposes (see the rules of each contest or sweepstakes for details about how your personal information will be used, including postings to the applicable website). In some instances, a third party advertiser or sponsor may operate or host a contest or sweepstakes on the applicable website, and collect your information. In those cases, where we are not the operator or host of the contest or sweepstakes, we have no control over the information collected and accordingly urge you to review the advertiser’s or sponsor’s privacy policy applicable to the contest or sweepstakes before participating. Administrative or Legal Obligations: We may disclose Personal Information to third parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others’) rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations. Other Parties With Your Consent: We may share information with third parties when you consent to such sharing. For example, if you win a contest or sweepstakes, we may ask your permission to publicly post certain information on the Services identifying you as the winner. Aggregate and De-identified Information: We may disclose aggregate information and/or other de-identified information, such as demographic and usage statistics, with advertisers, sponsors or other third parties for any reason at our sole discretion. We may also allow third parties to place and read their own cookies, pixel tags, and similar technologies to collect information through the Services. For example, our third-party service providers may use these technologies to collect information that helps us with traffic measurement, research, and analytics. HOW WE USE “COOKIES AND OTHER TECHNOLOGY” An IP address is the unique number that is automatically assigned to your computer when you log onto the Internet. As you enter the websites, our server records and monitors your IP address and uses it to develop statistical analysis. These analyses assist us in refining and adapting the content and design of our Services. The use of IP addresses also enables us to prevent malicious Internet users from masquerading as other users. Automated technology collects information from your computer or mobile device and includes cookies, web beacons, local shared objects, or other similar technology. A cookie is a small piece of information sent by a website that is saved on your hard drive by your computer’s browser. A “web beacon” is a small object or image that is embedded into a web page, application, or email and is used to track activity. They are also sometimes referred to as pixels and tags. As you access or use our Services, we and/or third parties may collect information using cookies, web beacons, pixels, and navigational and location data collection (clickstream, log files, server logs) for the purposes described in this Policy. Such automated technologies further help us to keep track of your interactions with our websites and provide you with a more customized experience. To find more information about cookies please visit www.allaboutcookies.org. Most browsers are initially set to allow cookies, but also offer the option to restrict cookies or warn you of their use. By disabling cookies, you won’t be able to enjoy the convenience provided by our customization. RETENTION OF PERSONAL INFORMATIONWe will retain your Personal Information for as long as it is necessary for the purposes set out in this Policy and to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Personal Information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. CROSS-BORDER DATA TRANSFERSYour information, including Personal Information, may be transferred to—and maintained on—computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside of the United States and choose to provide information to us, please be aware that your personal data will be transferred to, processed, and stored in the United States. Data protection laws in the United States may be different from those in your country of residence. You consent to the transfer of your information, including personal information, to the United States as set forth in this Policy by visiting our websites or using our Services. Transfers to Third Parties Courts, tribunals, government authorities and related parties or counterparties with whom we share personal data, third-party vendors and business partners may in some cases be located outside your country of residence. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy. THIRD PARTY ADVERTISING AND ANALYTICS DISCLAIMER We and/or third-parties including advertising companies, social networking sites, and service providers on our behalf, use cookies, web beacons and other similar technology, to collect information for the purposes described in this Policy including advertising, analytics, online behavioral marketing, monitoring performance and improvement of our online services (traffic, errors, page load time, popular pages, etc.). You may opt out of behavioral remarketing as follows: Google Analytics. We use Google Analytics to understand how our websites, services, and products perform, how you use them, and to serve you with ads on third-party websites and social networking sites. To learn more about how Google processes your data and to manage your privacy preferences, please visit: https://www.google.com/policies/privacy/. To opt out of Google Analytics, please install the Google Analytics Opt-out Browser Add-on by visiting: https://tools.google.com/dlpage/gaoptout. Digital Advertising Alliance You can also opt out from companies like Google, Instagram, Pinterest, Facebook and other participating companies through the Digital Advertising Alliance in the USA: http://www.aboutads.info/choices/. You can also opt out of participating companies from the Digital Advertising Alliance of Canada in Canada: http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe: http://www.youronlinechoices.eu/, or opt out using your mobile device settings. This Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices. Links to Other Web Sites. The Services may contain links to other websites or online services that are operated and maintained by third parties and that are not under the control of or maintained by us. Such links do not constitute an endorsement by us of those other websites, the content displayed therein, or the persons or entities associated therewith. This Policy does not apply to this third-party content. We are not responsible for the privacy policies, practices or content of such other websites or online services. We encourage you to review the privacy policies of these third-party websites or services. Social Networking Services. We have worked with certain third-party social media providers to offer you their social networking services through our Services. For example, you can use third-party social networking services, including but not limited to Facebook, Twitter, and others to share information about your experience on our Services with your friends and followers on those social networking services. These social networking services may be able to collect your IP address, your activities on our Services, and may set a cookie to enable the feature to function properly. These third-party social networking services may also notify your friends, both on our Services and on the social networking services themselves, that you are a user of our Services or about your use of our Services, in accordance with applicable law and their own privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services. You also may be able to link an account from a social networking service (e.g., Facebook, Twitter) to an account through our Services. This may allow you to use your credentials from the other site or service to sign in to certain features on our Services. If you link your account from a third-party site or service, we may collect information from those third-party accounts, and any information that we collect will be governed by this Policy. Co-Branding. We may offer some services in connection with a third party via a co-branded webpage, such as for ticket sales or job applications. When you have provided personal information on a webpage that is co-branded with another company, then that personal information will be made available to both us and the co-branding partner. Whereas our data practices and your choice options are described in this Policy, we encourage you to consult the co-branding partner’s privacy policy to ensure that you understand how it intends to use your information and how you may exercise control over it. We are committed to children’s privacy. We do not knowingly collect or maintain Personal Information on our Services from persons under 13 years of age, and no part of our Services is directed to persons under 13. If you are under 13, please do not use or access our Services at any time or in any manner. If we learn that Personal Information from persons under 13 years of age has been collected through our Services without verified parental consent, then we will take appropriate steps to delete the information. Our websites are general audience websites. The Internet offers children wonderful educational and entertainment resources. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. We encourage you to visit the Direct Marketing Association’s Web Website (http://www.the-dma.org/) and explore the Get CyberSavvy! Program as well as the GetNetWise Website (http://www.getnetwise.org/) to learn more about parental control tools. We have adopted reasonable and appropriate security procedures to help protect against loss, misuse, and unauthorized access to the information you provide to us. Please note, however, that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to the Services and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information. You may elect to receive information from us about new products and other noteworthy news items, by registering as a user with our Services, subscribing to our mailing list, and signing up to receive texts from us. You may always choose to decline to receive these communications at any time. Please see our opt-out policy described below. You may receive promotional emails, newsletters, push notifications, and similar communications from us. You may opt out of receiving commercial emails from us by clicking on the opt-out or “unsubscribe” link included in the commercial emails you receive. You may opt out of receiving push notifications by turning off push notifications at the device level. Please note that opt-out requests may take some time to be effective. Your opt-out request will not apply to messages that you request or that are not commercial in nature. For example, we may contact you concerning any purchases you have made with us, even if you opt out of receiving unsolicited commercial email messages. The option to cancel mailings Upon registering, you may begin receiving communications from us. If at any time you wish to unsubscribe from our mailings, please submit your request by visiting our online Web Tool, available at https://www.levisstadium.com/ccpa-request. ARBITRATION; CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS By using our Services, you agree that any dispute in any manner arising out of or relating in any way to this Policy, its enforcement or interpretation, or because of an alleged breach, default, or misrepresentation in connection with any of its provisions, shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in the Santa Clara, California area. ARBITRATION MEANS THAT YOU WILL NOT HAVE AND YOU WAIVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS. Rights to the prehearing exchange of information and other discovery, as well as appeal rights, are more limited than were you to sue in court. This arbitration provision is equally binding on claims brought by us as on claims brought by you or others. Arbitrations will be conducted under the applicable JAMS rules. The parties to arbitration will have all the same claims, legal rights, and remedies in arbitration that would be available in court. A single neutral arbitrator shall be selected in accordance with the JAMS Streamlined Arbitration Rules, which shall provide you a reasonable opportunity to participate in the arbitrator selection. It is further agreed that any disputes as to whether the scope of this arbitration provision covers the claim will be submitted to the arbitrator, and not a court, for decision. The parties to arbitration will have full right to use legal counsel at their own expense. All costs of arbitration (including arbitrator fees) shall be paid by us, except if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. You will not be required to pay fees and costs incurred by the opposing parties if you do not prevail in arbitration. In arbitration, the parties may conduct reasonable discovery and shall reasonably exchange non-privileged information relevant to the dispute. The arbitrator’s award shall be in writing and provide a written statement of the essential findings and conclusions. The arbitrator will not have the power to commit any error of law or legal reasoning, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. As an exception to this arbitration provision, no one subject to the provision will be precluded from seeking remedies for disputes or claims less than $10,000 in the aggregate that can be brought in a court of competent jurisdiction. ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. It is expressly understood and agreed that neither you nor we are entitled to arbitrate or bring any dispute covered by this arbitration provision as a class, consolidated, representative, collective, or private attorney general action, and the arbitrator(s) will have no authority to proceed on a class, consolidated, representative, collective, or private attorney general action basis. This means:
If any part of the agreement to arbitrate in this section is found unenforceable, the unenforceable term will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). In the event that any of the class action restrictions are ever deemed illegal or unenforceable, the illegally deemed or unenforceable restriction(s) shall be severed from this arbitration provision, and any class action shall be exempted from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction. For information and questions about the use of your Personal Information or this Policy, you may contact us by e-mail at legal@49ers.com, or by regular mail at: Forty Niners Stadium Management Company LLC Attn: Privacy Officer/Legal Affairs 4949 Marie P. DeBartolo Way Santa Clara, CA 95054 We may occasionally update this Policy to reflect feedback from users like you and to reflect changes in our policies. We encourage you periodically to review this Policy to be informed of how we are protecting your information. In general, we only use your Personal Information in the manner described in the Privacy Policy in effect when we receive the Personal Information you provided. Your continued use of our websites and any of our Services after any such updates constitutes your agreement to this Policy and any future revisions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.
CALIFORNIA CONSUMERS ONLY: Your California Privacy Rights This Privacy Rights Act Notice (“Notice”) provides additional information to California residents whose Personal Information is collected by us pursuant to California law, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). If you are not a California resident, this Notice does not apply to you. Please visit our Privacy Policy (“Policy”) for more information. Any capitalized terms undefined in this Notice have the same definition as the Policy. RIGHT TO KNOW ABOUT PERSONAL INFORMATION COLLECTED, DISCLOSED, OR SOLD AND SHARED Information Collected Within the past 12 months, we have collected the categories of personal information about California consumers as described in Annex 1 to this Notice. To review these categories click here: Annex 1 We may also automatically receive information when you interact with one of our venues or merchants and combine this data with information we already have about you. Such information may include the games you attend and the time of entry, and your spending at Levi’s Stadium, on www.levisstadium.com or www.levisstadiumpremium.com or at an affiliate store. This helps us to update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you. Business-to-Business (“B2B”) Information If you are a contact person for any of our business partners, vendors, distributors, suppliers, service providers, contractors, or other entities with which we have a business relationship or potential business relationship, we collect the contact information you provide to us, including name, phone number, address, email address and other contact and relationship information consistent with your role in facilitating that business relationship. We use that information for internal purposes, including to contact you, send and receive information, and otherwise facilitate the business relationship. We do not disclose that information outside our business relationship without your consent. See Annex 1 for more details. Information Sold or Shared, or Disclosed We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect. We will share your personal information with third parties only in the ways that are described in this Privacy Policy. As explained in Annex 1 of this Policy, we share your data with third-party partners such as social networking sites and advertising companies in order to serve you with ads tailored to your preferences across various platforms. This type of sharing may be considered “selling” or “sharing” under the CPRA. You can control the information shared about you and request an opt-out as explained below. Except as described in Annex 1, we do not, and will not without your consent, “sell” or “share” for purposes of the CCPA and CPRA. We have disclosed the following categories of personal information for a business or commercial purpose in the preceding 12 months:
We may obtain contact details and other personal information regarding media contacts and influencers from a variety of sources including Critical Mention. If you wish to know more about how such information is collected and used, please refer to Critical Mention’s privacy notice at https://www.criticalmention.com/privacy-policy. We do not sell the personal information of individuals under 16 years of age without affirmative authorization. For details regarding the categories of third parties with whom we have shared, sold, or disclosed personal information, please see Annex 1. Requests to Know You have the right to request that we disclose personal information we collect about you. To make a request for any of the information set forth above (a “Request to Know”), please submit a verifiable consumer request pursuant to the instructions below. You may only make a Request to Know twice within a 12-month period. We will acknowledge your Request to Know within 10 days and will attempt to respond substantively within 45-90 days. The Request to Know must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected, sold or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. If we cannot verify your identity, we will not be able to respond to your request. You can make a Request to Know the personal information we have about you in the following ways:
Once we receive your Request to Know, we will begin the process to verify that you are the person that is the subject of the request (the “Verification Process”). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. If you are an account holder, making a request through your account is sufficient for verification purposes. If you do not have an account with us, you will be asked to provide us with two or three pieces of information that will help us to verify your identification. RIGHT TO KNOW SENSITIVE PERSONAL INFORMATION COLLECTED We do not collect or process sensitive personal information for the purpose of inferring characteristics. RIGHT TO REQUEST DELETION OF PERSONAL INFORMATION You have the right to request the deletion of your personal information collected or maintained by us (“Request to Delete”), subject to certain exceptions permitted by law. To make a Request to Delete, please submit a verifiable consumer request pursuant to the instructions below. We will acknowledge your Request to Delete within 10 days and will attempt to respond substantively within 45-90 days. The Request to Delete must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected, sold or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. If we cannot verify your identity, we will not be able to respond to your request. Additionally, as permitted by law, if the information requested to be deleted is necessary for us to maintain, we will not be able to comply with your request. We will notify you if this is the case. You can make a Request to Delete in the following ways:
Once we receive your initial request to delete and your separate confirmation to delete, we will need to verify that you are the person that is the subject of the request (the “Verification Process”). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. If you are an account holder, making a request through your account is sufficient for verification purposes. If you do not have an account with us, you should provide us with information that will help us to identify you. We will retain correspondence, documents and information related to any Request to Know, Request to Delete, or Request to Opt-Out for 24 months as required by law. RIGHT TO OPT-OUT OF SALE OR SHARING OF PERSONAL INFORMATION You have the right to opt-out of the sale or sharing of your Personal Information. As explained in Annex 1 of this Policy, we share your data with third parties such as social networking sites and advertising companies, in order to serve you with ads tailored to your preferences across various platforms. This type of sharing may be considered “selling” or “sharing” under the CPRA. You can control the information shared about you and request an opt-out as explained below. We will process your Request to Opt-Out of sale within 15 days. Requests to Opt Out Of a Sale or Share of Personal Information You can make a Request to Opt Out in the following ways:
Opt-out Preference Signals
We honor opt-out preference signals that you enable, including a Global Privacy Control. Opt-out preference signals are plug-ins available in certain browsers that signal to websites you visit of your preferences to opt out of the sale and sharing of certain personal information. If you have enabled an opt-out preference signal device from your browser, we will not sell or share your personal information without first seeking your explicit consent. You should enable the signal separately for each browser and/or device from which you would like to be opted-out.
This Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third-parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third-parties to learn about their privacy practices. Cookies Cookies are small bits of code that are stored by your computer’s web browser and that may automatically identify your browser to the Services whenever your computer is used to visit the Services. Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. To find more information about cookies please visit www.allaboutcookies.org. ADDITIONAL OPTIONS TO OPT-OUT OF SALE OR SHARING In addition to the above options to opt out of the sale or sharing of your information under the CPRA as described above, you have controls and choices with respect to collection and use of your information by non-parties. These are summarized for you below. We do not control or maintain opt-out mechanisms for non-party companies and are not responsible for their operation. Advertising Opt-Out You can opt out of sharing your information with third-party companies engaged in targeted advertising including social networking sites such as Google and Facebook using the following tools: For websites: http://optout.aboutads.info/?c=2&lang=EN. For mobile apps: http://www.aboutads.info/appchoices Google Opt-Out If you would like to opt out of Google Analytics and Ads, you can. If you are on the web, you can opt out of Google Analytics by installing Google’s Opt Out browser add on: https://tools.google.com/dlpage/gaoptout, and you can opt out of interest-based Google ads using https://adssettings.google.com/u/0/authenticated. Facebook Ad Preferences To understand more about Facebook advertising and manage your preferences, please visit https://www.facebook.com/about/ads. Login to Facebook and go to Settings > Ads > Ad Settings (web) or Ad Preferences > Ad Settings (app) for more information.
You have the right to request that we rectify inaccurate information about you. Requests to Correct To make a Request to Correct, please submit a verifiable consumer request pursuant to the instructions below. We will acknowledge your Request to Correct within 10 business days and we will attempt to respond substantively within 45-90 days. You can make a Request to Correct in the following ways:
Once we receive your request to correct, we will need to verify that you are the person that is the subject of the request through the Verification Process. We will review all information provided by you to us, to determine whether the information is inaccurate. We reserve the right to delete the information instead of correcting if such deletion does not impact you or you consent to the deletion. We will inform you of our decision to deny or grant your request. We will retain correspondence, documents and information related to any Request to Correct for 24 months as required by law. RIGHT TO NON-DISCRIMINATION FOR EXERCISING CONSUMER PRIVACY RIGHTS You have the right not to receive discriminatory treatment for exercising your privacy rights conferred by the California Consumer Privacy Act, including by exercising the rights specified herein. RIGHT TO ACCESS INFORMATION ABOUT AUTOMATED DECISION MAKING AND THE RIGHT TO OPT-OUT OF AUTOMATED DECISION MAKING You have a right to request access to information about automated decision making processes we use and you may request to opt out of automated decision making. We do not engage in automated processing. NOTICE OF FINANCIAL INCENTIVEFrom time to time, we may provide financial incentives to consumers who elect to participate in these programs and, in connection with such programs, allow us to collect and retain certain personal information, such as Identifiers (e.g., your name, email address, or phone number), and Commercial Information (e.g., your purchase history). These incentives may result in differences in the prices of our products offered to consumers (e.g., discounts and other promotions). For example, the financial incentives we may provide include discounts based upon purchase activity or other periodic discounts for promotional purposes. The material aspects of any financial incentive will be explained and described in its program terms or in the details of the incentive offer. Participation in any financial incentive program is entirely optional and participants may withdraw from the program at any time. To opt-out of the program and forgo any ongoing incentives, please follow the instructions in the program’s terms and conditions, or contact us using the contact information below. Each financial incentive or price or service difference related to the collection and use of personal information is based upon our reasonable, good-faith determination of the estimated value of such information to our business, taking into consideration the value of the offer itself, the expense associated with the offer, and the anticipated revenue generation that may be realized by rewarding brand loyalty and repeat purchases. The value of the personal information collected in connection with any financial incentive is the offer itself. RETENTION OF PERSONAL INFORMATIONWe will retain your Personal Information for as long as it is necessary for the purposes set out in Annex 1 and to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Personal Information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. AUTHORIZED AGENT INFORMATION You may designate an authorized agent to make a request on your behalf under the California Consumer Privacy Act. In order to allow an authorized agent to make a request on your behalf, please email us at ccpainfo@49ers.com to provide your written request and consent to an authorized agent. When your authorized agent makes a request related to your personal information, we will require the agent to provide the above written permission. We may also require that you verify your own identity directly with us at the time such a request is made. California Do Not Track Notice: Because there are not yet common, industry accepted “do not track” standards and systems, our websites do not respond to Do Not Track signals. In addition, we may allow non- parties to collect personal information from your activity on our websites, as described in the “Information Collection and Use” section above. California Shine The Light Disclosure Information Although we do not disclose to any non-parties for their marketing purposes any personal information, California residents are entitled to receive the following disclosure information under California law: Under California Law, California residents have the right to request in writing from businesses with which they have an established business relationship, (1) a list of the categories of personal information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to non- parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the non-parties’ direct marketing purposes, and (2) the names and addresses of all such non-parties. We will respond to such written requests within 30 days following receipt at the e-mail or mailing address specified below under “Contact Us”. If we receive your request at a different e-mail or mailing address, we will respond within a reasonable period of time, but not to exceed 150 days from the date received. Please note that we are required to respond to each customer only once per calendar year. Changes to This Privacy Policy This Policy may be revised from time to time for any reason. If this Policy changes, the revised policy will include a new effective date, and we will notify you of such changes by posting the revised policy on this page. Be sure to check the Policy whenever you submit personal information to us. CONTACT FOR MORE INFORMATION For information and questions about the use of your personal information or this California Consumer Privacy Section or your rights under California law, you may contact us at ccpainfo@49ers.com.
California Notice of Collection, Use, and Disclosure
See our full Privacy Policy here
See California Privacy Rights here
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PRIVACY NOTICE FOR CALIFORNIA EMPLOYEES AND JOB APPLICANTS
We are committed to protecting your privacy. The information that you provide to us is utilized in order for us to (among other things) consider you for employment, retain you as an employee and to maintain employment records.
This Notice to California Employees and Job Applicants (“Notice”) applies to our offline and online data collection practices, including when you submit personal data for purposes of applying for and/or becoming a valued employee, and in the course of your employment with us, pursuant to California law, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). If you are not an employee or a job applicant who is a California resident, this Notice does not apply to you.
Please note that if you are visiting our website or offline store as a customer, any of your personal information collected in that capacity is subject to the Policy for consumers and applicable consumer rights. For more information, we encourage you to visit and review our Privacy Policy and California Consumers Only: Your California Privacy Rights.
Your Consent
Please review this Notice periodically. You should read this entire Notice before submitting information, including personal information, to us in any form. Whenever you submit personal information to us, you consent to the collection, use, disclosure, transfer, and storage of that information in accordance with this Notice.
All personal information may be used for the purposes stated in this Notice. We may make full use of all information that is de-identified, aggregated, or otherwise not in personally identifiable form.
COLLECTION OF PERSONAL INFORMATION
Personal Information
We collect personal information from you when you choose to voluntarily provide it for purposes of employment with us or applying for employment with us. We collect Personal Information, such as:
We collect information about you through your browser, computer hardware and software. This information can include your IP address, device ID, browser type, domain names, access times and dates, number of clicks, pages viewed, one or more cookies (as described below) that may uniquely identify your browser, and referring website addresses.
HOW WE USE YOUR EMPLOYEE PERSONAL INFORMATION
We use Personal Information of employees for a wide range of purposes, including:
HOW WE DISCLOSE YOUR EMPLOYEE PERSONAL INFORMATION
Service Providers and Contractors
We disclose Personal Information you provide to consultants, service providers, and contractors that we use to support our business and operations who have agreed to keep the information confidential and use it only to provide the applicable service(s) such as vendors that help us communicate with you, vendors that host our website and data, security and fraud detection vendors.
Legal Obligations
We may disclose Personal Information to outside parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others’) rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or in connection with disciplinary actions/investigations.
Sale or Corporate Restructuring
We may disclose Personal Information to non-parties in connection with the sale, assignment or other transfer of the business of our website or the sale, assignment, merger, reorganization or other transfer of our brand or company.
To see a complete list of what we collect and how we use and disclose that information, please see our Annex 2.
RIGHTS UNDER THE CCPA AND CPRA
Under California law, as an employee or job applicant, you are afforded several rights, as discussed further below, about the personal information collected about you. However, there are several exceptions that may apply. These exceptions to the right to request to access, correct, amend, and/or delete your personal information may include our right to maintain personal information of employees for business purposes and solely internal uses reasonable aligned with the expectations of the employee, as well as to comply with any legal obligations, including maintaining proper employee records, or maintaining privilege or confidentiality of certain records, in compliance with applicable U.S. and California labor laws and legal rights.
RIGHT TO KNOW ABOUT PERSONAL INFORMATION COLLECTED OR DISCLOSED
Personal Information Collected
We have collected the categories of personal information about California employees and job applicants as described in Annex 2 to this Notice. To review these categories click here: Annex 2.
Information Sold or Shared
We have not sold or shared personal information about California employees and job applicants in the past 12 months.
We have disclosed the following categories of personal information about California employees and job applicants for a business or commercial purpose in the preceding 12 months:
For details regarding the categories of third parties with whom we have disclosed personal information, please see Annex 2.
Requests to Know
You have the right to request that we disclose personal information we collect about you.
To make a request for any of the information set forth above (a “Request to Know”), please submit a verifiable employee request pursuant to the instructions below. You may only make a Request to Know twice within a 12-month period. We will acknowledge your Request to Know within 10 days and will attempt to respond substantively within 45-90 days.
The Request to Know must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. If we cannot verify your identity, we will not be able to respond to your request.
You can make a Request to Know the personal information we have about you by emailing HR@49ers.com or by calling us at (408) 986-4840.
Once we receive your Request to Know, we will begin the process to verify that you are the person that is the subject of the request (the “Verification Process”). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records.
RIGHT TO KNOW SENSITIVE PERSONAL INFORMATION COLLECTED
We collect and use your Sensitive Personal Information as described in Annex 2.
We do not collect or process sensitive personal information for the purpose of inferring characteristics.
RIGHT TO REQUEST DELETION OF PERSONAL INFORMATION
You have the right to request the deletion of your personal information collected or maintained by us (“Request to Delete”), subject to certain exceptions permitted by law.
To make a Request to Delete, please submit a verifiable employee request pursuant to the instructions below. We will acknowledge your Request to Delete within 10 days and will attempt to respond substantively within 45-90 days.
The Request to Delete must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected, sold or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. If we cannot verify your identity, we will not be able to respond to your request. Additionally, as permitted by law, if the information requested to be deleted is necessary for us to maintain, we will not be able to comply with your request. We will notify you if this is the case.
You can make a Request to Delete by emailing HR@49ers.com or by calling us at (408) 986-4840.
Once we receive your initial request to delete and your separate confirmation to delete, we will need to verify that you are the person that is the subject of the request (the “Verification Process”). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records.
We will retain correspondence, documents and information related to any Request to Know, Request to Delete, or Request to Opt-Out for 24 months as required by law.
RIGHT TO CORRECT
You have the right to request that we rectify inaccurate information about you.
Requests to Correct
To make a Request to Correct, please submit a verifiable employee request pursuant to the instructions below. We will acknowledge your Request to Correct within 10 business days and we will attempt to respond substantively within 45-90 days.
You can make a Request to Correct with Human Resources by emailing HR@49ers.com or by calling us at (408) 986-4840.
Once we receive your request to correct, we will need to verify that you are the person that is the subject of the request through the Verification Process.
We will review all information provided by you to us, to determine whether the information is inaccurate. We reserve the right to delete the information instead of correcting if such deletion does not impact you or you consent to the deletion.
We will inform you of our decision to deny or grant your request.
We will retain correspondence, documents and information related to any Request to Correct for 24 months as required by law.
RIGHT TO NON-DISCRIMINATION FOR EXERCISING CONSUMER PRIVACY RIGHTS
You have the right not to receive discriminatory treatment for exercising your privacy rights conferred by the California Consumer Privacy Act, including by exercising the rights specified herein.
RETENTION OF PERSONAL INFORMATION
We will retain your Personal Information for as long as it is necessary for the purposes set out in Annex 2 and to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Personal Information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
AUTHORIZED AGENT INFORMATION
You may designate an authorized agent to make a request on your behalf under the California Consumer Privacy Act.
In order to allow an authorized agent to make a request on your behalf, please email HR@49ers.com or call us at (408) 986-4840, and provide your written request and consent to an authorized agent.
When your authorized agent makes a request related to your personal information, we will require the agent to provide the above written permission. We may also require that you verify your own identity directly with us at the time such a request is made.
CHANGES TO THIS EMPLOYEE NOTICE
This Employee Notice may be revised from time to time for any reason. If this Employee Notice changes, the revised Notice will include a new effective date, and we will notify you of such changes by posting the revised policy on this page. Be sure to check the Notice whenever you submit personal information to us.
GOVERNING LAW
This Notice along with our privacy practices will be subject exclusively to the laws of the State of California, United States of America. We make no representation that this Notice and its practices comply with the laws of other jurisdictions.
CONTACT FOR MORE INFORMATION
For information and questions about the use of your personal information or this Employee Notice or your rights under California law, you may contact Human Resources at HR@49ers.com.
Notice of Collection, Use, and Disclosure
Category | Examples | Collected From | Purposes | Disclosed to | Sold or Shared | Retention Period |
Personal Identifiers | Name, home address, mailing address, email address, telephone number, date of birth, signature, financial information including bank account and routing number, and/or your dependent’s personal identifiers. | You when you apply for an employee position and when you join our company as an employee.
We may also collect information from other party sources, such as service providers, publicly available data, and other companies and referrals. |
To maintain internal business employment records;
To communicate with you about the employment process and employment-related issues; To evaluate your candidacy for employment and upon hiring, facilitate the employment relationship; To authenticate your account credentials and identify you, as necessary to log you in and/or ensure the security of your account; and To comply with our policies, procedures, and legal obligations, including complying with law enforcement or governmental authority requests, investigating fraudulent activity, resolving disputes, and enforcing our legal agreements and policies. |
Consultants, service providers, and contractors that we use to support our business and operations (e.g. processing payments to employees, and providing fraud detection services) who have agreed to keep the information confidential and use it only to provide the applicable services;
Other parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; and An acquirer or successor-in-interest in the event of a reorganization, merger, sale, change of control, consolidation, joint venture, assignment, transfer or other disposition of all or any part of us or our affiliates including any negotiation thereof. |
N | We will retain your Personal Information for as long as it is necessary and to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies |
Biometric Information | Face, photograph, and/or video | You when you join our company as an employee. | To maintain internal business employment records;
To ensure the security and safety of our premises, guests, employees and property;To authenticate your account credentials and identify you, as necessary to log you in and/or ensure the security of your account; and To comply with our policies, procedures, and legal obligations, including complying with law enforcement or governmental authority requests, investigating fraudulent activity, resolving disputes, and enforcing our legal agreements and policies. |
Other parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests. | N | We will retain your Personal Information for as long as it is necessary and to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies. |
Sensitive Personal Information | Personal identification numbers, including social security, driver’s license, passport, or state ID card numbers; bank account numbers; consumer’s geolocation; consumer’s racial origin, religious beliefs, or union membership; military status; and/or consumer’s genetic data. | To maintain internal business employment records;
To authenticate your account credentials and identify you, as necessary to log you in and/or ensure the security of your account; and To comply with our policies, procedures, and legal obligations, including complying with law enforcement or governmental authority requests, investigating fraudulent activity, resolving disputes, and enforcing our legal agreements and policies. |
To maintain internal business employment records;
To authenticate your account credentials and identify you, as necessary to log you in and/or ensure the security of your account; and To comply with our policies, procedures, and legal obligations, including complying with law enforcement or governmental authority requests, investigating fraudulent activity, resolving disputes, and enforcing our legal agreements and policies. |
Other parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests. | N | We will retain your Personal Information for as long as it is necessary and to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies. |