Privacy Policy

Your privacy is important to the Action Network, Inc. and its affiliates (the “Action Network Group,” “we,” “us,” and “our”). This Privacy Policy (“Privacy Policy”) describes the information, data collection, and other privacy practices for the sites and services owned or operated by us, including, but not limited to, the Action Network, Inc. website currently located at www.actionnetwork.com, the Fantasy Labs, Inc. website currently located at www.fantasylabs.com, the SportsAction, Inc. website, the Action Labs website currently located at labs.actionnetwork.com, and the Sports Insights, Inc. website currently located at www.sportsinsights.com (collectively, the “Site”). This Privacy Policy addresses, without limitation, what type of information is gathered and tracked, how the information is used, and with whom the information is shared. This Privacy Policy applies to all of your interactions with the Action Network Group, such as when you purchase products or services, sign up for a newsletter or provide information to the Action Network Group at a trade show or other event.

By visiting our Site or submitting your Personal Information (as defined below) to us by any means, you are giving your consent to our collection, use and disclosure of your Personal Information as described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please exit our Site and do not provide Personal Information to us.

What Information We Collect:

This Privacy Policy applies to all information collected by or submitted to the Action Network Group and third parties acting on its behalf. “Personal Information” is data that reasonably can be used to identify, relate to, or describe an individual, such as your name, e-mail address, physical address, phone number(s), and credit card information. You do not need to provide us Personal Information to simply browse our Site. However, we may collect certain Personal Information and information about your activities while browsing our Site, as described below.

Information Collected Directly From You

When you visit and/or use our Site, we may collect information from you, including but not limited to, the following:

  • your first and last name;
  • your title and your company’s name;
  • your home, billing, or other physical address (including street name, name of a city or town, state/province, postal code);
  • your e-mail address;
  • your telephone number;
  • your educational background, employment experience, and job interest (for job applicants submitting information electronically);
  • any other identifier that permits the Action Network Group to make physical or online contact with you; and
  • any information that the Action Network Group collects online from you and maintains in association with your account, such as: (a) your username, (b) your password, and/or (c) your credit card account information. Note that when you select a username, you are assigned a unique public URL based on your username. This URL is open to and viewable by the public. For example, any sports picks and related metrics associated with your account will be available to the public, unless you select the option to make such information "private." If you select "private," then the information you post about your sports picks will not be made publicly available.

The Action Network Group may also collect Personal Information from individuals (with their consent) at conventions, trade shows and expositions.

Information Collected Automatically

As you use and access our Site, we and our service providers (which are third party companies that work on our behalf to provide and enhance the Site) may use a variety of technologies to automatically collect information, including but not limited to:

  • Usage Information. Please be aware that our Site collects usage data, such as the source address from which a page request originates (i.e., your IP address, domain name, type of computer), date and time of the page request, the referring web site (if any), and other parameters in the URL (e.g., search criteria). We use this data, for instance, to better understand our Site usage in the aggregate so that we know what areas of our Site users prefer (e.g., based on the number of visits to those areas). This information is stored in log files and is used for aggregated and statistical reporting. It is not attributed to you as an individual (i.e., log files are not associated with any particular user, computer, or browser).
  • Location Information. We collect and process general information about the location of the device from which you are accessing the Site (e.g., approximate geographic location inferred from an IP address).
  • Cookies and Browser Information. The Action Network Group uses cookies for a variety of purposes. A cookie is a name for tokens of information that our Site may provide to your browser while you are at the Site. Cookies are stored on your device’s hard drive and, once placed there, the cookie will remain until you remove it. We use cookies for a variety of purposes, including but not limited to (a) helping us keep track of the items that you place in your shopping cart; (b) helping us to better understand our Site usage in the aggregate so that we know what areas of the Site users prefer; and (c) to collect information that will help us customize content specific to your interests and make your navigation of our Site easier during subsequent visits. We also use cookies when you register for our online groups to authenticate you and provide you access to those areas of the Site and to simplify your data entry for some of our online forms. We may also use temporary or “session” cookies to help you learn more about and/or order our services. If you simply want to browse, you do not have to accept cookies from the Site. Should you decide, however, that you would like to register and login to special areas of the Site and you have modified your browser settings not to accept cookies, you will need to re-set your browser to accept the cookies that we send it. Otherwise, you may not be able to participate in certain areas of the Site. Most browsers are defaulted to accept and maintain cookies.
  • Web Beacons. Web beacons (also known as “web bugs”) are small strings of code that provide a method of delivering a graphic image on a web page or in an e-mail message for the purpose of transferring data. We may use web beacons (or clear GIFs) on our Site or include them in the e-mail messages we send you for many purposes, including site traffic reporting, unique visitor counts, advertising e-mail auditing and reporting, and personalization. Information gathered through web beacons may be linked to your Personal Information.
  • IP Addresses and Log Files. An Internet Protocol (“IP”) address is a number assigned to each computer on a network to identify your computer every time you log on to the Internet. We may keep track of IP addresses to troubleshoot technical concerns and to maintain the safety and security of our Site, such as by reviewing your IP address in combination with your Personal Information for credit fraud protection and risk reduction. In addition, we may use IP addresses to analyze trends, administer this Site, track traffic patterns, and gather demographic information for aggregate use.

Use of Personal Information

The Action Network Group collects and uses Personal Information to operate and improve its Site, deliver the services, or carry out the transactions you have requested. These uses may include providing you with more effective customer service; making the Site or services easier to use by eliminating the need for you to repeatedly enter the same information; performing research and analysis aimed at improving our products, services and technologies; and displaying content and advertising that are customized to your interests and preferences. Specific circumstances may include when:

  • you make purchases of products or services. If you request something from the Site (for example, a product or service, a callback, or specific marketing materials), we will use the information you provide to fulfill your request;
  • you request support for the Action Network Group’s products or services;
  • you create a user account (e.g., login user name and password) on the Site;
  • you link your third party account(s) to your Action Network Group account for the purpose of integrating data on wagers placed by you with third-party sportsbooks, operators, or platforms;
  • you register for webcasts, seminars or roundtables;
  • you request information or materials (e.g., whitepapers or newsletters);
  • you participate in surveys and evaluations. As part of a transaction, we may contact you as part of our customer satisfaction surveys or for market research purposes;
  • you participate in promotions, contests or giveaways, which we may offer from time to time;
  • you apply for a job, or submit your resume to the Action Network Group; or
  • you submit questions or comments to us.

We also use your Personal Information to communicate with you. We may send certain necessary service communications such as welcome letters, billing reminders, information on technical service issues, and security announcements. Some of the Action Network Group’s services may send periodic member letters that are considered part of the service. We may also contact you to inform you of other products or services available from the Action Network Group and its affiliates. Personal Information collected on the Site and services may be stored and processed in the United States, and by using the Site, product or service, you consent to any such transfer of information. We may anonymize or aggregate Personal Information and share it with third parties for any purpose, including to better understand users’ activity on our Site and provide and market our services.

Sharing With Third Parties

We may disclose and/or share your information under the following circumstances:

  • Affiliates and Subsidiaries. We may share the information we collect within The Action Network Group family of companies.
  • Service Providers. We may provide access to or share your information with select entities that use the information only to perform services on our behalf. These service providers provide a variety of services to us, including without limitation, processing and delivery of mailings, providing customer support, hosting websites, processing transactions, performing statistical analysis of our services, administering of promotions, sweepstakes, surveys, providing marketing assistance or similar such services, data storage, security, fraud prevention, and other services. These companies will be permitted to obtain only the Personal Information they need to deliver the service, are required to maintain the confidentiality of the Personal Information, and are prohibited from using it for any other purpose.
  • Business Partners. Some services of the Action Network Group may be co-branded and offered in conjunction with another company. If you register for or use such services, both the Action Network Group and the other company may receive information collected as part of the co-branded services.
  • Direct Marketing. We may share the information with third party partners to provide you with information, including marketing, about services that we think you might want and to promote the Action Network Group’s products and services to you.
  • Business Transactions. We may disclose your Personal Information in connection with the evaluation of or entering into a corporate transaction where all or a portion of our business or assets (including our associated customer lists containing your Personal Information) change ownership, are sold, or are transferred. Such a transaction would include a bankruptcy proceeding. If we purchase a business, the Personal Information received with that business will be treated in accordance with our Privacy Policy in effect at that time, so long as it is practicable and permissible to do so.
  • Third Parties for Legal Purposes. From time to time, we may use your Personal Information: (a) if we need to respond to valid legal process, including, but not limited to, a search warrant, subpoena, or court order, and any other instance when we believe we are required to do so by law; or (b) if we deem it necessary to disclose Personal Information, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, or to protect our rights or interests, including to enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations of those agreements. We may also use or disclose Personal Information to respond to claims that any content violates the rights of third parties; and/or to protect our rights, property or personal safety, or that of our agents and affiliates, our users and/or the public. This includes exchanging information with other companies and organizations for information security, fraud protection, spam/malware prevention, and similar purposes.
  • Online Advertising and Direct Marketing. We may work with third parties that collect and use information about your website and mobile app usage over time and across our and non-affiliated websites and mobile apps including on different devices and browsers. These partners may use cookies, web beacons, pixels, and other similar technology to collect this information, and use it to infer your interests and deliver relevant advertising to your browser or device, and browsers or devices associated with it. This activity is called interest-based advertising. To learn more information about interest based advertising, and to opt out of interest-based advertising on your browser from companies that participate in industry self-regulation, U.S. users can visit www.aboutads.info/choices and EU users can visit http://youronlinechoices.eu/. To opt out of interest-based advertising from participating companies for mobile apps, you can visit www.youradchoices.com/appchoices and download the appropriate version of App Choices for your device. Action Network, Inc. adheres to the Digital Advertising Alliance's Self-Regulatory Principles. You may visit the Network Advertising Initiative’s Consumer Opt-Out link, the from companies that participate in those programs. You may opt out of Google’s use of cookies for behavioral advertising by visiting the Google advertising opt-out page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

When you exercise choice through these tools, you will still receive advertising but that advertising may be less relevant to you. After you make your choices, data will no longer be collected from your browser or device for interest-based advertising on that browser or device, or associated browsers or devices. Additionally, data from those associated browsers and devices will not be used for interest-based advertising on the browser or device for which you made your choices. Data may still be collected for other purposes, such as analytics, reporting, and research. If you delete your cookies, reset your mobile identifier, or use multiple browsers or devices, you will need to register your opt-out choices again.

  • With Consent. With your consent, we may share information on your profile page or participation in leaderboards with other users of the service or the public.

 

Website Analytics and Do-Not-Track

  • Website Analytics. We may use third-party web analytics services on our Site to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
  • Notice Concerning Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our Site for third-party purposes. However, we do not currently recognize or respond to browser-initiated DNT signals.

Unaffiliated Third Parties on the Site

If you voluntarily disclose information in an e-mail or other communication with third parties found on the Site or in other materials, that information, along with any other information disclosed in your communication, can be collected and correlated and used by such third parties and may result in you receiving unsolicited messages from other persons. Such collection, correlation, use and messages are beyond our control.

We do not warrant specific third parties or their goods or services, regardless of whether such third parties offer goods or services on the Site from time to time. Any relationship between you and such third parties will be governed exclusively by the terms offered by the third party and agreed to by you. If you provide these third parties with any Personal Information or other information, their use of such information will be subject to their privacy policies, if any, and will not be governed by this Privacy Policy. In addition, if you accept third-party goods or services advertised on the Site, a third party may be able to determine that you have a relationship with us (e.g., if the offer is made only through the Site).

Third Party Accounts Linked to Your Account at Our Site

If you link your third party account(s) to your Action Network Group account, then we may collect data associated with those accounts on third-party platforms and services, including your wager data (i.e. wagers place, wager amount, position, wager type, vigorish and odds). Once linked, this data is integrated into the Site and cannot be removed unless you individually and manually delete it or deletion is otherwise required by law.

Your Choices

The Action Network Group provides a number of ways for you to “opt-out” of receiving additional information from us or having us provide your Personal Information to our partners. We may offer you these choices at the time you give us your information.

If you do not wish to continue receiving certain marketing materials (e.g., email messages), you can opt-out of receiving these materials by following the unsubscribe instructions provided in the materials. This option does not apply to communications primarily for the purpose of administering orders, contracts, support, product safety warnings, software updates, or other administrative and transactional notices.

International Data Transfers

The Action Network Group and our servers are located in the United States, which may not offer the same privacy protections as the laws of your country where you live. By accessing and using the Site, you consent to the transfer and processing of your information in the United States.

California Privacy Rights

If you are a California resident, you may have certain rights. California law may permit you to request that we:

  • Provide you the categories of personal information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we shared personal information.
  • Provide access to and/or a copy of certain information we hold about you.
  • Delete certain information we have about you.

You may have the right to receive information about the financial incentives that we offer to you (if any). You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Site and for compliance with applicable law.  California Civil Code Section § 1798.105 permits users of our Site to request we delete any personal information about you which we have collected. If you ask us to delete certain information, you may no longer be able to access or use the Site. To make such a request, please send an email to feedback@actionnetwork.com.

California Civil Code Section § 1798.83 permits users of our Site that are California residents to request, once per year, that we disclose the identity of any third parties with whom we have shared personal information for the third parties’ direct marketing purposes within the previous calendar year, along with the type of personal information disclosed. To make such a request, please send an email to feedback@actionnetwork.com.

If would like to exercise any of these rights, please contact us at feedback@actionnetwork.com.You will be required to verify your identify before we fulfill your request. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.

Categories of personal information we collect. Throughout this Policy, we discuss in detail the specific pieces of Personal Information we collect from and about users. Under the CCPA, we are also required to provide you with the “categories” of Personal Information we collect. The categories we collect are: identifiers (such as name, address, email address); commercial information (such as transaction data, wager information, and data about your linked third-party accounts); financial data (such as credit card information); internet or other network or device activity (such as browsing history or Site usage); general geolocation information (e.g., your city and state based on IP address or precise location, with your consent); professional or employment related data; audio or visual information (such as call recordings if you do not opt out); potentially protected classifications (such as gender); physical characteristics or description (e.g., if you voluntarily submit a photo); and other information that identifies or can be reasonably associated with you.

How we use these categories of personal information. We and our service providers may use the categories of Personal Information we collect from and about you for the following business purposes and commercial (as those terms are defined in applicable law):

  • Our or our service provider’s operational purposes;
  • Auditing consumer interactions on our site (e.g., measuring ad impressions);
  • Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity;
  • Bug detection and error reporting;
  • Customizing content and advertising that we or our service providers display on the Services (e.g., contextual ads);
  • Providing the Services (e.g., account servicing and maintenance, customer service, advertising and marketing, analytics, and communication about the Services);
  • Improving our existing Services and developing new services (e.g., by conducting research to develop new products or features);
  • Other uses that advance our commercial or economic interests, such as third party advertising and communicating with you about relevant offers from third party partners;
  • Other uses about which we notify you.

Examples of these types of uses are discussed throughout our privacy policy. We may also use the categories of Personal Information for compliance with applicable laws and regulations, and we may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular user or device.

Except as set forth herein, unless you have provided consent, the Action Network Group will not (a) sell, rent or lease your Personal Information to third parties, and (b) disclose your Personal Information to third parties for their own marketing purposes.

Categories of personal information we disclose for business purposes

Action Network Group may disclose the following categories of information about you or your use of the Site for business purposes (as defined by applicable law) or as required by applicable law:

Identifiers (such as name, address, email address); commercial information (such as transaction data and wager information); financial data (such as credit card information); internet or other network or device activity (such as browsing history or app usage); geolocation information; biometric information; sensory information (such as audio or visual information); professional or employment related data (when you apply for a job), education data, inference data about you; legally protected classifications (such as gender and marital status); insurance (including health insurance) information, medical information, and other information that identifies or can reasonably associated with you.

Sale of Personal Information

California residents may opt out of the “sale” of their personal information. Under the CCPA, sale is broadly defined such that it may include allowing third parties to collect or receive certain information, such as cookies, IP address, and/or browsing behavior, to deliver targeted advertising on the Services or other services. Advertising, including targeted advertising, enables us to provide you certain content for free and allows us to provide you offers relevant to you.

Depending on what Services you use, we may provide the following categories of personal information to third parties for these purposes:

  • For online targeted advertising purposes: demographic and statistical information, user-generated content, device information and identifiers, connection and usage data, geolocation, and social media information.
  • For sharing with third parties to send you relevant offers and promotions and opportunities: contact and registration information; demographic and statistical information, commercial data (such as transaction data and wager information), employment and education data, user-generated content, and geolocation.

If you would like to opt out of the Action Network Group’s use of your information for such purposes that are considered a “sale” under California law, you may do so by submitting a request on the following page: https://actionnetworkhq.zendesk.com/hc/en-us/requests/new. You can also submit a sale opt-out request by emailing us at feedback@actionnetwork.com. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.

Notice for Nevada Residents

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident and you have purchased services from us, you may submit a request to opt out of any potential future sales under Nevada law by submitting a request on the following page: https://actionnetworkhq.zendesk.com/hc/en-us/requests/new. Please note we may take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

How to Update Your Information

  • Email Newsletters: Should your email address change, you may manage your subscription by unsubscribing to our newsletter and re-subscribing with your new email address.
  • Specialized Areas: Specialized areas of our Site that require you to register may identify, at the point of collection, the ways available for you to update your information.
  • Generally: At any time, you may update your information by emailing us at feedback@actionnetwork.com

Safeguarding Your Personal Information

We recognize industry standards and employ security safeguards designed to protect your Personal Information from unauthorized access and misuse. We use the most accurate and current information you provide in order to process your request.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of any information you transmit to the Site. Any transmission of information, including Personal Information, is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on this Site.

If a password is used to help protect your accounts and Personal Information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone, you should always log out before leaving a site or service to protect access to your information from subsequent users.

Links to Other Sites

The Action Network Group’s Site often provides links to third-party websites, such as those of our business partners and online advertisers. You should review their privacy policies to learn more about what, why, and how they collect and use Personal Information. Please be aware that these websites are not under our control, and we have no responsibility for the privacy practices of such other websites. This Privacy Policy applies solely to information collected by this Site. We make no guarantees about the accuracy, currency, content or quality of the information provided by such third-party sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. For avoidance of doubt, if we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the information you post, transmit or otherwise make available on those websites may be viewed by the general public. We do not control user-posted content on social media homepages and are not responsible for any third-party use of your information that you have posted, transmitted or otherwise made available there.

For Questions or Concerns

If you have questions or concerns regarding this Privacy Policy, you should first e-mail us at feedback@actionnetwork.com. The Action Network Group corporate headquarters are located at 9009461 W 23rd Street, 2nd Floor, New York, NY 10010.

Changes to the Privacy Policy

This Privacy Policy is incorporated into our Terms of Use. The Action Network Group reserves the right to change this Privacy Policy from time to time, consistent with applicable law. If we do make material changes to this Privacy Policy, the revised Privacy Policy will be posted on this Site, and we will post a notification of such changes on the Site. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this Site. Any use by you of this Site after such changes shall conclusively be deemed to be your acceptance of such revisions. We encourage you to review this Privacy Policy periodically to be informed of any such revisions.

To the extent there is a conflict between this Privacy Policy and our Terms of Use, the Terms of Use shall supersede and control.

NOTICE TO CHILDREN UNDER THE AGE OF 18 AND THEIR PARENTS OR LEGAL GUARDIANS

THE SITE IS INTENDED FOR ADULTS. WE DO NOT KNOWINGLY OR INTENTIONALLY COLLECT PERSONAL INFORMATION FROM ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, PLEASE DO NOT PROVIDE ANY PERSONAL INFORMATION TO THE ACTION NETWORK GROUP. IF YOU KNOW OF ANYONE UNDER THE AGE OF 18 WHO HAS PROVIDED US WITH INFORMATION, PLEASE CONTACT US IMMEDIATELY AND WE WILL REMOVE THE INFORMATION. BY USING THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.

This Privacy Policy was last amended on October 25, 2023.