Last Updated and Effective Date – October 01, 2023
Table of Contents
1. Information We Collect and Receive.
We collect and receive the following categories of information:
Information You Provide Directly. We receive the information you choose to provide when using our Services.
- For example, in connection with certain uses of our Services, such as when you register for our Services, bid on or purchase products on our Services, send or receive tickets, sign up to receive newsletters, email updates, or electronic or other marketing communications, sign up to learn more about our upcoming events, enter a contest or sweepstakes, comment on an article, communicate with customer service, or complete a survey or questionnaire, you may be asked to provide information about yourself including:
- Identifiers such as your first and last name, username, mailing address, phone number, date of birth, email address and mobile phone number;
- Commercial information, including payment information and a record of your purchases and services you have obtained;
- Demographic information, such as language spoken, age, gender, race/ethnicity, household composition, income and size;
- Passwords, login information and other preferences;
- Photographs or videos; and
- Sensitive Personal Information, such as account log-in and password, precise location and racial or ethnic origin.
- Other information about your use of our Services.
- If you send us personal correspondence by electronic means, such as email, we may collect and maintain information provided by the correspondence in a file specific to you.
- Before gaining access to certain Services, you may be asked to complete a registration form (via formstack or otherwise) and provide personally identifiable information. You also may be asked to choose a user ID and password in order to take advantage of certain features through the Services, such as contests, forums, webcasts or other subscription-based services.
- Chat rooms, forums and message boards may also be available through the Services. Information you post in chat rooms, forums and message boards is public and may be seen by anyone. We strongly recommend that you do not disclose any of your personally identifiable information in any chat room, forum or on any message board, as we cannot control who may view such information.
Information We Collect or Receive When You Use Our Services. We also collect or receive information when you use our Services. We collect some of this information using cookies, web beacons, and other technologies. This information that we collect automatically may be combined with other information about you in order to personalize content, communications and advertising based on your interests. Depending on how you access and use our Services, we may receive:
- Internet or other electronic network information. This is information we automatically collect and store when you use and interact with our Services, including, for example:
- Information about your interactions with our Services, including the content you view, the products you bid on or purchase, the amount of time spent on our Services, the date on which you accessed our Services, and information in cookies and similar technologies; and
- Information about how you access our Services, including your browser or operating system, your Internet Protocol (“IP”) address, and browsing history including the websites you visit before and after visiting our Services
- Device information. This is information we collect and store concerning the device you use when you access our Services. (Note that by “device,” we mean any equipment or technology you use to access our Services.) Device information may include, for example:
- The type of device you are using (e.g., your particular brand of phone or tablet);
- Certain device identifiers which may be unique to your device;
- Your Internet service provider; and
- Depending on your permissions, content you have stored on your device (e.g., contacts stored on your phone).
- Location information. This information may include specific geolocation data drawn from your device’s GPS, Bluetooth and WiFi signals and nearby cell towers. We receive this information, for example, when you choose to use location-enabled services that we offer.
- Inferences. We may generate inferences about your preferences and characteristics based on your use of the Services and other information we have about you.
- Commercial information. We capture certain information automatically when you make purchases or obtain services from us, such as a record of the purchases and services you have obtained and information about the time of the purchase, and ticket transfer/receipt information.
- Chat. We may collect information when you use our chat function to have a one-on-one dialogue with our chatbots and representatives. By using our chat function, you consent to us recording and or storing a transcript of the full contents of your chat, including any data provided by you.
- SMS/MMS. We collect information through SMS and MMS messaging in certain circumstances where we have your consent to do so.
- NBA. The NBA may collect information relating to your use of its services and share that information with us.
- Other Business Partners. We may receive information about you from other Business Partners, including when you sign up to receive 76ers news and offers on a third-party site or while using a third-party service.
- Publicly or commercially available sources. We may receive information about you that is publicly or commercially available, including from data vendors where we are permitted to do so.
- Social networking services. If you choose to connect with social networking services while using our Services, we may receive certain information about you, such as your username. See below for more information about social networking services.
- Data providers. We may provide data to data providers so they can provide enhanced data back to us, including demographic information, purchase behavior and other personally identifiable information.
We may combine the information we have collected or received about you in different ways, including to develop inferences about you. For example, we may infer information about your preferences for engaging with us.
2. How We Use the Information We Collect and Receive.
We use each of the categories of information we collect and receive for the following business purposes:
To provide our Services. We use the information we collect and receive to provide you with the Services you use or request. For example, we use this information to:
- Create accounts and process your registration with our Services;
- Process transactions, including purchases, transfers and donations;
- Provide technical support and respond to user inquiries;
- Notify you about updates to our Services or send other communications that are relevant to your use of our Services; and
To improve our operations and Services. We also use the information we collect and receive to provide content you may find relevant and interesting and to maintain and upgrade our operations and our Services. For example, we may use this information to:
- Solicit input and feedback about our Services;
- Identify and address technical issues on our Services;
- Better understand the visitors who come to our Services and the content of interest to them; and
- Customize your experiences on our Services based on location information or your online activities, including the content you view, the products you bid on or purchase, other Services of ours you use, and other information we collect and receive.
To understand fan engagement across the League. We use the information we collect and receive, including from third-party sources, for performing internal analysis and building models to better understand our fans so that we can customize and improve our Services, advertising and communications. We also conduct surveys to better understand our fans. We use and analyze survey responses for the purposes described above and, if applicable, to better understand the make-up and diversity of our fans.
To provide effective advertising and marketing. We also use the information we collect and receive to provide ads for our Services and certain third-party services, and to send you promotional communications, although you have certain rights with respect to these practices, as described below under the Your Other Privacy Choices section. For example, we may use this information:
- To show you ads (on and off our Services, including on third-party sites such as social networking services), including those that are based on your location information and those that are based on your online activities over time, and across third-party sites and services (“targeted advertising”). For more information, see Section 4 below.
- We also may provide a hashed or encrypted version of your email address or other information to third parties for the purposes of serving relevant advertising to you or others on third-party sites.
- To send you electronic and other marketing messages about us or our third-party Business Partners that may be tailored to your preferences, characteristics, interests and interactions with our website – for example, content related to areas of our website you have visited.
- To measure and evaluate the effectiveness of online advertising campaigns; and
- To administer your participation in our contests, sweepstakes, fantasy or interactive games, or other promotions.
We also may use the information we collect and receive for other purposes that may be described to you at the point of collection or for which you provide your consent.
3. How We Disclose the Information We Collect and Receive.
We may disclose information that we collect and receive with third parties when we have your consent or as described below.
We disclose information with the following types of third parties:
- Our service providers. We provide information to affiliated and unaffiliated service providers and others that perform certain functions or services for us, such as to host our Services and data, fulfill orders, provide products and services, manage databases, perform analyses or advertising services (including vendors that provide enhanced data to allow us to append data and build customer profiles), administer our contests and sweepstakes, collect location data, provide location-based services, process credit card payments, provide customer service, or send communications for us.
- Business Partners. When you consent to receive news and offers from them, we share information about you with select Business Partners, such as our sponsors, retailers, and broadcast partners, so that they can provide you with special offers, promotional materials, and other materials and information that may be of interest to you. To opt out of receiving further communications directly from these Business Partners, please contact the Business Partner. Please see the Your Other Privacy Choices section for more information on the choices we provide you. We also may disclose personal information with co-brand and other partners when you choose to be involved in their programs or where you provide your information to us in order to transact with, donate to, or otherwise interact with the partner. We are not responsible for the privacy practices of our Business Partners or other third party partners, which may use your information for their own purposes.
- Other parties in response to legal process or when necessary to protect us or our Services. We or our service providers may disclose your information — including the contents of your communications — to other parties when required or permitted by applicable law in the jurisdictions in which we or our service providers are located, such as when we have a good faith belief that:
- Doing so is necessary to respond to lawful governmental requests or legal process (for example, a court order, search warrant, or subpoena);
- The information is relevant to a crime that has been or is being committed;
- An emergency exists that poses a threat to your safety or the safety of another person or persons; or
- Doing so is necessary to protect our rights or property or to enforce our Terms of Service.
- Interactive features. Information may also be shared with or made available to third parties when you post information to a public user profile or a public area of our Services, such as a chat room, forum, blog, or other community tool, or when you participate in public events or activities. You are responsible for any information you post to these interactive features. We cannot ensure that parties who have access to such information will respect your privacy. Please exercise caution when using these features.
While we do not sell Personal Information in exchange for any monetary consideration, we do share Personal Information for other benefits as defined by California and Connecticut law. We have shared in the preceding 12 months, Personal Information as necessary for specific business purposes above. We do not knowingly sell or share the personal information of children under the age of 16 without affirmative authorization.
We also may share other information with third parties in a manner that does not identify particular users, including, for example, aggregated or deidentified information.
If you would like to opt-out of the selling and sharing of personal information, please see Section 6.
4. Third Parties That Provide Content, Advertising, or Functionality On Our Services.
Some of the content, advertising, and functionality on our Services may be provided by third parties that are not affiliated with us. Such third parties include, for example:
- Content providers, which may operate contests, sweepstakes, fantasy or interactive games, or public forums on our Services;
- Advertising providers, such as ad networks and other advertising companies, which help us and our advertisers provide ads (on our Services or elsewhere online) that may be tailored to users’ interests, including targeted advertising, and to understand users’ response to those ads;
- Audience-measurement companies, which help us measure the overall usage of our Services and compare that usage to other online services;
- Social networking services (such as Facebook and Twitter), which may enable you to log in to certain of our Services, to comment on content available on our Services, and to share things you find on our Services with your social network; and
- Mobile location analytics providers, which use geolocation data to facilitate the transmission of informational, marketing, and public service communications to you.
Note that some of these companies participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted ads. To learn more and to opt out of such targeted advertising, please see the Your Other Privacy Choices section below.
5. Data Subject Rights.
Depending on the jurisdiction in which you live, you may have certain rights as a data subject under local law, including:
- To request to access your personal information, including, where applicable, in a commonly-used electronic format, and to request other information about our data processing practices;
- To request to update or correct inaccuracies in your personal information;
- To request to delete certain personal information in our custody and control;
- To request to withdraw or revoke consent, such as where we are relying on consent as the legal basis to process your personal information (where that concept is recognized) or where we are processing your sensitive personal information pursuant to your consent; and
- To request to object to or restrict the processing of your personal information.
In each case, these rights are subject to certain exceptions prescribed by law. If you would like to access, delete, or correct your information or otherwise exercise your rights, please contact us as set out in the Contact Us section below. Depending on the type of request you have made, we may request further information from you to verify your request, such as your account details and, where necessary, copies of government issued identification. You may also be entitled to appeal our decisions with respect to your data rights in accordance with local laws, and may do so by following the instructions provided in the correspondence we sent to you communicating our decision. You may also be entitled to appoint an authorized agent to exercise rights on your behalf, in which case we may request further information to validate the identity of your agent or that the agent is authorized to act on your behalf.
Depending on the jurisdiction in which you live, you also may have the right to request to limit the use or disclosure of your sensitive personal information. You can exercise your right to limit by clicking on the “Your Privacy Choices” link in the footer of relevant websites and mobile applications. You may also, depending on the jurisdiction in which you live, have rights to opt out of the “sale” of your personal information, the “sharing” of your personal information (for targeted advertising), or all processing of your personal information for targeted advertising. You may also click on the “Your Privacy Choices” link to exercise these rights. Please also review the “Your Other Privacy Choices” section below for more information about how to make these advertising-related requests.
We may disclose your personal data by allowing certain third parties (such as online advertising services, social networks, and data analytics providers) to collect personal data through automated technologies on our Services for targeted advertising purposes. We also may disclose your personal data to Business Partners and other third parties for their own marketing purposes. These kinds of sharing activities may be considered “sales” under certain laws. They also may be considered sharing or processing of personal data for targeted advertising under applicable law.
We will not discriminate against you for exercising these rights, although some of the functionality and features available to you may change or no longer be available to you.
6. Your Other Privacy Choices.
You have several additional choices about how we handle information we collect and receive about you.
- Email. You may opt out of receiving future promotional email communications from us by clicking the “Update Your Email Preferences or Unsubscribe” link in the footer of promotional email communications and updating your preferences. Please note that we may continue to send you transactional or service-related emails regarding your account. To opt-out of receiving emails from Business Partners, please contact those parties directly.
- SMS and MMS. You may opt out of receiving promotional SMS and MMS messages (i.e., text messages) from us by replying “STOP” to any message, which is free of charge. Please note that we may respond to your opt-out request with a message confirming that you have successfully opted out.
- Targeted Advertising. You have various choices related to targeted advertising.
- You may opt out of receiving certain targeted advertising from participating companies by visiting the websites of the Network Advertising Initiative, Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.
- Where available, and depending on the jurisdiction in which you live, you also may disable optional cookies, web beacons, and other technologies through your web browser.
- Depending on your jurisdiction, we also will support the Global Privacy Control (“GPC”), a universal opt-out preference signal that communicates your privacy preferences to the websites you visit. For more information on the GPC, please visit their website here.
These choices generally apply to the web browser you use, which means that you generally must opt out of each web browser on each device you use. If you opt out, you may still see ads from us, but the ads will be less relevant to you and your interests.
In addition, depending on the jurisdiction in which you live, you may have the right to opt out of the sharing of hashed or encrypted email addresses and similar personal information with third parties (such as social media platforms) for targeted advertising purposes. Please submit a request by sending an email to: email@example.com. Please write “Privacy” in the subject line and include your first name, last name, and email address in the body of the email. Please also include the following in your email: “Opt Out of Sale/ Opt Out of Sharing for Targeted Advertising.”
Do Not Track. As distinct from the choices described above, some web browsers may transmit “do not track” signals to the websites and other online services with which the browser communicates. There is no standard that governs what, if anything, websites and online services should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard for responding is established, we may revisit our policy on responding to these signals.
- Disclosure of Personal Information to Business Partners.
- Depending on the jurisdiction in which you live, you may have the right to request to opt out of the “sale” or “sharing” of your personal information in accordance with state laws. Please submit a request by sending an email to: firstname.lastname@example.org. Please write “Privacy” in the subject line and include your first name, last name, and email address in the body of the email. Please also include the following in your email: “Opt Out of Sale/ Opt Out of Sharing for Targeted Advertising.” If you are a California or Connecticut resident, please see the appropriate section below regarding your rights.
- You can opt out of (or, where you have provided consent, withdraw your consent to) the future sharing of your personal information with Business Partners for those parties’ own promotional purposes by sending an email to email@example.com. Please write “Privacy” in the subject line and include your first name, last name, and email address in the body of the email. Please also include the following in your email: “Opt Out of Business Partner Sharing” or “Opt Out of Member Club Sharing.” Please note that even if you exercise these choices, we may still share your information with Business Partners where we are permitted to do so such as when they use that information to perform services we request and at your direction or pursuant to your interactions with them.
7. Security & Retention.
We have adopted physical, technical, and administrative safeguards to help protect against theft, loss, misuse, and unauthorized access to or disclosure of the information we collect and receive. However, please note 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 and do not guarantee or warrant the security of any information you disclose or transmit to our Services and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information, or any other disclosures out of our control.
Your online access to some of your information may be protected with a password that you select. We strongly recommend that you select a unique password that is difficult to guess and that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication (such as letters, phone calls, or email messages).
8. Children's Privacy.
Our Services are not directed at children under the age of 16, and we do not knowingly collect, use, or disclose personal information from children under the age of 13 or as otherwise defined by local law without prior parental consent, except as permitted by the Children’s Online Privacy Protection Act (“COPPA”) or other applicable local law. For certain activities in which children are allowed to participate (for example, youth clinics, camps, kids clubs and community outreach events), any request for personal data (such as registration data) is intended for and directed to the parent or legal guardian. If you have reason to believe that a child under the age of 13 has provided personal data to us without parental consent, please contact us using any of the methods described in the Contact Us section to request that we delete the personal data.
9. Third Party Links.
10. Additional California Disclosures.
This section provides certain disclosures intended to address California law requirements. The disclosures in this section should be read to supplement the above sections with disclosures designed to conform to specific California law requirements.
Identifiers, such as your name, address, phone number, zip code, IP address, and online identifiers. We may use this information to respond to your questions, to enable you to participate in our programs (including sweepstakes or contests), to process your registration with our Services, and for other business purposes.
Commercial information, such as a record of your purchases, transfers, receipts and services you have obtained. We may use this information to improve your experience with our Services, to serve you ads about products and offers, and for other business purposes.
Internet and electronic network activity information, such as information about your interactions with our Services. We may use this information to improve our Services, to better understand the visitors who come to our Services and the content of interest to them, and for other business purposes.
Geolocation data. We may use this information to improve the quality, security, and relevance of our Services and for other business purposes.
Inferences about you, including about your preferences and characteristics. We may use this information to provide our Services to you in an individual and personalized way and to send you marketing we believe may interest you, and for other business purposes.
Sensitive Personal Information. We may use this information to improve the quality, security, and relevance of our services and for other business purposes. Please note, in the limited circumstances we process sensitive personal information, we do not use or disclose it other than for disclosed and permitted business purposes.
11. Additional California Rights.
If you are a California resident, the California Consumer Privacy Act (CCPA) may provide you with the right to:
- Know About Your Personal Information, including:
- categories and/or specific pieces of Personal Data we have collected about you,
- categories of sources for that personal information,
- Purposes for which we use that information,
- Categories of third parties with whom we disclose the information to,
- Categories of information we sell or disclose to third parties.
- Delete Your Personal Information
- You may request we delete personal information that we have collected from you, subject to exemptions.
- Correct Your Personal Information
- You may ask us to correct certain personal data we hold about you.
- Opt-Out of the Selling or Sharing of Personal Information
- You may ask us to stop selling or sharing your personal information.
- We will not discriminate against you for exercising your CCPA rights.
To exercise your CCPA rights, please submit a request by either emailing firstname.lastname@example.org or by calling 833-757-6335. For email requests, please write “Privacy” in the subject line and include in the body of the email your first and last name, email address, mailing address, and nature of the request. We will respond to your request within forty-five (45) days. However, in certain circumstances, we may require additional time to process your request, as permitted by the CCPA. We will advise you within forty-five (45) days after receiving your request if an extension is necessary and why it is needed. If we cannot fulfill your request, our response to you will explain the reason why we cannot fulfill your request. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
Please see the Your Other Privacy Choices section for information on how to request to opt out of the sale/sharing of personal information. We do not knowingly sell or share the personal information of children under the age of 16 without affirmative authorization.
In addition to those rights outlined in the Your Other Privacy Choices section, California residents may also opt out of having their personally identifiable information shared with third parties for those third parties’ direct marketing purposes by contacting us as set out in the Contact Us section below.
In addition, California residents who are registered users of the Services and are under the age of 18 are entitled, in accordance with California law, to request and obtain removal of content and information that they themselves post as user content on the Services. You may request such removal by sending an email to: email@example.com. Please write “Privacy” in the subject line and include in the body of the email (i) a statement that you are requesting, in accordance with California law, the removal of user content; (ii) a description of the material you want removed and information reasonably sufficient to permit us to locate the material; and (iii) your first name, last name, email address, mailing address (including city, state, and zip) and year of birth so that we can process your request. Please note that your request does not ensure the complete or comprehensive removal of the material.
How We Verify Your Identity and Requests
To process your request, we must be able to verify your identity or authority to make the request and confirm the personal information relates to you. Submitting your request through the authorized mechanisms allows us to verify your identity as required by the CCPA. As such, we cannot accept requests through other channels. We cannot process your request if you do not provide us with sufficient detail to respond to the request. We reserve the right to confirm your California residency. If we are not able to successfully identify your residency, we will inform you of the fact.
12. Additional Connecticut Rights.
If you are a Connecticut resident, the Connecticut Data Privacy Act (CTDPA) may provide you with the right to:
- Access your data;
- You may have the right to confirm whether we process your personal data and to access your personal data.
- Correct inaccuracies in your data;
- You may have the right to correct inaccuracies in your data.
- Request copies of your data;
- You may have the right to obtain a copy of personal data, that you previously provided to us, in a portable and usable format.
- Delete personal data; and
- You may have the right to delete personal data provided to us by you.
- Opt-out of the sale or processing of your personal data for targeted advertising or profiling purposes.
- You may have the right to opt-out of the sale or processing of your personal data.
- If we decline to take action regarding your request, you have the right to
- appeal. We will notify you providing our reasons and instructions for how you can appeal.
To exercise your CTDPA rights, please submit a request by sending an email to: firstname.lastname@example.org. Please write “Privacy” in the subject line and include your first name, last name, email address, mailing address, and nature of the request in the body of the email. If you would like to exercise your right to Opt-out of the sale and processing of your personal data, please see “Your Other Privacy Choices.” We will respond to your request within forty-five (45) days. However, in certain circumstances, we may require additional time to process your request, as permitted by the CTDPA. We will advise you within forty-five (45) days after receiving your request if an extension is necessary and why it is needed. If we cannot fulfill your request, our response to you will explain the reason why we cannot fulfill your request.
13. Further Information for visitors outside of the United States, including European Economic Area ("EEA"), United Kingdom, and China Residents.
International Transfers of Personal Information
Our headquarters are in the United States, and, regardless of where you use our Services or otherwise provide information to us, your information may be transferred to, maintained, and processed by the 76ers Parties and their affiliates, operational partners and service providers in the United States or other locations outside of your jurisdiction of residence. Please note that U.S. privacy laws, regulations, and standards may not be equivalent to the laws in your country of residence and such information may be subject to lawful access by U.S. courts, law enforcement, and governmental authorities. Please be aware that information we obtain as a result of your use of the Services may be collected, transferred, stored, and processed in the United States or another country in accordance with applicable law.
Legal Basis for Processing for EEA and UK Residents
To the extent our activities are subject to international data protection laws that specify limited legal grounds to process your information, the legal bases for our processing activities are to perform our contract(s) with you; to meet our legal obligations; and for our legitimate business purposes, including to improve our operations and Services, detect and prevent fraud, and enforce our Terms of Service. We rely on your consent to send you direct marketing messages about our products, services and promotions and to deliver targeted advertisements to you, both on and off the Services. If you do not provide certain information to us, we may, in some circumstances, be unable to comply with our obligations or provide you with the services that you request. We will tell you about the implications of not providing certain information.
EEA/UK Privacy Rights
In accordance with the GDPR, EEA/UK data subjects have the following rights:
- If the processing of personal data is based on your consent, the right to withdraw consent for future processing of that data
- The right to request access to and rectification of your personal data
- Subject to limitations as provided for in the GDPR, the right to request restriction of the processing of your personal data
- Subject to limitations as provided for in the GDPR, the right to request erasure of your personal data
- The right to receive, in a structured, commonly used and machine-readable format, the personal data you have provided to us based on your consent or a contract, and have such information transmitted to another company, where technically feasible (Data Portability)
- If you are not satisfied with our response, you also have the right to lodge a complaint about the processing of your personal data with a local data protection authority
Please see the Your Other Privacy Choices section for more information on how to withdraw your consent at any time and your data protection rights. In addition, you may lodge a complaint with the relevant supervisory authority if you consider that our processing of your personal information infringes applicable law. Contact details for all EEA Supervisory Authorities can be found here. You may exercise these rights by contacting us as provided in the Contact Us section below.
Information for China Residents
If your personal information is transferred to such parties, we will use lawful cross-border transfer mechanisms to transfer your personal information and adopt necessary measures to ensure that such overseas recipients can provide the same level of protection as required under applicable Chinese laws.
15. Contact Us.
3 Banner Way
Camden, NJ 08103