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Privacy Policy

Last updated: February 5th, 2024

This privacy policy applies to the Puzzle Duck, LLC (“we” or “us”) website located at poeltl.nbpa.com (the "Website"). The purpose of this privacy policy is to disclose what information we may collect from you, how we may collect it, with whom we may share it, and certain other matters related to such information, including the choices you have regarding our collection of information and our use and disclosure to other parties of information we may have collected from you.

The Website is operated by Puzzle Duck, LLC.

When this privacy policy uses the term “personal data” or "personal information," we mean information that reasonably identifies, relates to, describes, or can be associated with a particular individual. Data that has been deidentified or that otherwise cannot reasonably be related back to a specific person is not considered personal information. The precise definition of personal information may vary depending on your place of residence, but we take the same general approach to protecting your privacy, subject to any additional measures that may be required by applicable laws.

BY USING OR ACCESSING THE WEBSITE, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH OUR POLICIES OR PRACTICES, YOU SHOULD NOT USE OR ACCESS THE WEBSITES OR PROVIDE US WITH ANY PERSONAL INFORMATION.

For more information about how users with disabilities can access this privacy policy in an alternative format, please contact poeltl.admin@nbpa.com for more information.

TYPES OF INFORMATION THAT MAY BE COLLECTED

The following are the types of information we may collect:

Information You Provide Us: In the course of using the Website, we may ask you to provide us with certain information, such as name, mailing address, email address, phone number, unique identifiers, such as your user ID or user password and the time and date that you access the Website, demographic information, such as your date of birth, age, gender, education, household income, occupation, favorite team, favorite player, game attendance, player name guesses made and win/loss record when playing games on the Website, home ownership, marital status, or number of children, or similar information.

Information We Collect Automatically: We may receive and store certain types of internet usage information whenever you visit the Website, such as your IP address, mobile ad identifiers, data collected from cookies, beacons, and pixel tags, and similar unique identifiers.

Email Communications: When you open emails from us, we may receive a confirmation noting you opened the email, if your computer supports such capabilities. We also may keep track of what emails we send you. Additionally, we keep a record of what communications you have opted to receive or not to receive.

HOW INFORMATION MAY BE COLLECTED

We may collect information from you in several different areas on the Website, including but not limited to those described below:

Registration: You may be asked to complete a registration form and provide personal information; you may also be asked to choose a user ID and password in order to take advantage of certain features the Website may choose to offer. Participation in registration is voluntary and you will have the opportunity to decide whether or not to disclose information to the Website.

Website Emails: You may receive a website e-mail by submitting your information on the Website. Participation is voluntary and you will have the opportunity to decide whether or not to disclose information to the Website. Please see the section titled Your Choices below for instructions on how to unsubscribe from emails.

Cookies: As with many Websites, our Website uses a technology called "cookies." A cookie is a unique, random number that is stored in the browser on your computer. The cookie doesn't actually identify you, just the computer that is used to visit the site. Cookies automatically identify your browser to the Website whenever your computer is used to visit the Website. Cookies also let us know how many people visit our Website and where visitors go on the site(s). In addition, cookies can let us know non-personal information, like what web browser is being used to access the Website. For registered users, cookies can make using the Website easier for you by saving information such as your passwords or preferences. By tracking how and when you use the Website, cookies help us determine which areas are popular and which are not. Many improvements and updates to the Website are based on data obtained from cookies. Accepting cookies allows you, among other things, to personalize your experience on the Website. If you do not want information collected through the use of cookies, your browser should contain an option that allows you to disable or delete cookie data at any time. Some areas of the Website, however, may not provide you with a personalized experience if you have disabled the use of your cookies. For additional information about our use of cookies on the Website, please see our Cookie Notice at poeltl.nbpa.com/cookiespolicy

Web Beacons and Other Tracking Technology: Our Website uses a variety of technical methods for tracking purposes, including Web beacons. Web beacons are small pieces of data that are embedded in images on the pages of Websites. We also use these technical methods to analyze the traffic patterns on our Website, such as the frequency with which our users visit various parts of our Website. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We also use these technical methods in HTML e-mails that we send our guests to determine whether our guests have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is personally identifiable.

IP Addresses and Click-Stream Data: We may collect IP addresses and/or click-stream data. An IP address is a number associated with the service through which you access the Internet, like your ISP (Internet service provider), your company, or your university. Standing alone, your IP address is not personally identifiable. At times, we also use IP addresses for purposes of system administration and to report aggregate information to our advertisers and sponsors, for example regarding the frequency with which our guests visit various parts of our sites. We may combine this information with personal information. Click-stream data may include such information as the page served, the time, the source of the request and the type of browser making the request, the preceding page view and other such non-personal information. When analyzed, this data helps us determine how visitors arrive at the Website, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, and the like.

Analytics: We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to help analyze how users use the Website. Google uses cookies to generate information about your use of the Website (including your IP address) and stores this information on servers in the United States. Google uses this information for the purpose of evaluating your use of the Website, compiling reports on activity for its staff, and providing other services relating to web page activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings in your browser. By using the Website and accepting cookies, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Please refer to the currently available opt-outs for Google Analytics by visiting https://tools.google.com/dlpage/gaoptout/.

Previous Win-Loss Record and other statistics on Poeltl.Dunk.Town: We may transfer your statistics gathered from previously played Poeltl games on Poeltl.dunk.town and stored locally on your browser to the Website. This data will allow you not to lose statistics that you have already earned based on your game play to date. Further, it is our anticipation that this data will be used to create a leaderboard at some future date. Please be aware that deleting cookies on your browser will cause all statistical data from prior game play to also be deleted.

Social Media Platforms and Networks: If you interact with us or our business partner, the National Basketball Players Association, on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks (e.g. Instagram, Facebook, Twitter, Google, You Tube, or Pinterest) in connection with the Website, we may collect information that you share with us on social media or that such platforms share with us. Please review the privacy policies and settings of the social media platforms and networks that you use for more information about their privacy practices.

HOW WE USE THE INFORMATION COLLECTED

As applicable, the information you provide to us may be used to:

  • contact you about the Website;
  • contact you about upcoming events or campaigns;
  • contact you to deliver ads, promotions and offers that may be personalized to you,
  • monitor the placement, frequency, effectiveness and compliance of advertising and ad impressions (including contextual and targeted ads)
  • monitor or improve the use of the Website, including for security and fraud prevention;
  • monitor compliance with our Terms of Use of the Website;
  • support core business functions; and
  • comply with legal obligations.

WITH WHOM THE INFORMATION MAY BE SHARED

At times, we may share your personal information with others for various purposes. The following outlines the ways in which your information may be shared with others and the ways in which you may opt-out of having your information shared:

Service Providers: We may employ other businesses, certain services and individuals to perform functions on our behalf, including but not limited to Puzzle Duck, LLC, the owner of the Poeltl game. Examples include sending e-mails, analyzing the Website and analyzing data. They may have access to personal information needed to perform their functions, but may not use it for their own purposes, like sending you marketing offers about their products.

Subsidiaries and Affiliates: We may share your information (including, without limitation, personal information) with our subsidiaries and affiliates. If you do not want us to share your information with our subsidiaries and affiliates, you may use the opt-out method detailed in any e-mail communication that you receive from us.

Audience & Traffic Measurement Services: The Website may use a traffic measurement service to analyze the traffic on the Website. Audience & Traffic Measurement Services allow us to collect anonymous traffic and behavior information from the Website by monitoring anonymous visitor activity. Although these companies do not have access to the Website cookies, the traffic measurement services may themselves set and access their own cookies on your computer if you choose to have your cookies enabled in your browser. Other companies' use of their cookies is subject to their own privacy policies, not this one.

Business and Advertising Partners: Third parties may collect or receive certain information about you and/or your use of the Website to provide ads (including targeted ads) or functionality, or to measure and analyze ad performance, on the Website. We do not control how these third parties use and share your personal information once they receive it. You will need to contact such third parties directly for information about their privacy practices or to exercise any rights you may have (including if you would like to opt-out of marketing messages).

Business Transfers: In the event that all or substantially all of our assets are sold or transferred to another party, or another transaction occurs in which your personal information is one of the business assets transferred, all personal information that has been collected and saved may be one of the business assets we transfer.

Administrative or Legal Process: Your personal information may be transferred to third parties without notice to you in order to comply with applicable law, law enforcement agencies, to protect our rights, or protect the rights of other uses of the Website.

With Your Consent or At Your Direction: Your personal information may also be disclosed to third parties whenever you consent to or direct such sharing.

LINKS TO OTHER WEBSITES

You should be aware that when you are on the Website you could be directed to other websites beyond our control. This includes links from advertisers, sponsors and marketing partners. These other websites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a website that is linked to the Website, you should consult that website's privacy policy before providing any personal information.

INTEREST BASED ADVERTISING

Targeted Advertising / Behavioral Advertising: We may ourselves, or with third-party vendors, use your information to deliver targeted advertising to you when you visit the Website or other websites. Cookies, clickstream data, and other similar technologies described below may be used in this process. For example, if you are searching for information on a particular product, we or our vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising, sometimes called “targeted advertising,” “behavioral advertising,” or “cross-context behavioral advertising,” enables us and our vendors to know about your interests in connection with the delivery of a specific ad. We believe that such advertising is helpful because it allows you to see advertisements that are relevant to your interests. We comply with the Self-Regulatory Principles for Online Behavioral Advertising as administered by the Digital Advertising Alliance (“DAA”).

If you would like to opt out of these interest-based advertisements, please follow the opt-out process described in the section titled Your Choices below.

Cross-Device Matching: We may use your information to help us, or our third-party vendors, determine if you have interacted with the Website across multiple devices and to match such devices. To accomplish this, we may rely on information (including demographic, geographic and interest-based data) from third parties such as data vendors, pursuant to their own privacy policies, or we may use information we collect in conjunction with such third-party data. Based on this data, we may then display targeted advertisements across devices that we believe are associated with each other, and may further provide services to our advertisers to better enable cross-device targeting and analysis. To opt-out of or restrict our use of certain cross-device data, please see the section titled Your Choices below.

SECURITY

The Website incorporates reasonable safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information that we may collect and incorporates reasonable precautions to protect such information from loss, misuse and alteration. Your personal information is transferred to our computers utilizing encryption software. Our security policies are reviewed periodically and revised accordingly. We will protect the personal information we collect with security safeguards appropriate to the sensitivity of the information. However, no method of safeguarding information is completely secure, and we cannot guarantee that our safeguards will be effective or sufficient.

SECURITY MEASURES

These security measures include database and PGP encryption to safeguard your information, SSL (Secure Sockets Layered) technology to ensure that your information is fully encrypted and sent across the Internet securely.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our gateway providers database only to be accessible by those authorized with special access rights to such systems and are required to keep the information confidential.

DATA RETENTION

We will retain your personal information for as long as your inquiry is active or as needed to provide our services, and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use anonymous or aggregate data, or any other data that constitutes non-personal information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

YOUR CHOICES

Consistent with applicable law, you may exercise the choices described in this section regarding your personal information and communications from us. You may also have certain additional rights available depending on laws in your state or country of residence, as described further below in the privacy policy.

Opting Out of Messages or Services: We may send you marketing messages via email. If you receive a marketing message from us, you may unsubscribe from future messages in accordance with our standard unsubscribe process (such as by using the unsubscribe link included in an email), or by sending an unsubscribe request to us at poeltl.admin@nbpa.com. We will process your request within a reasonable time after receipt. Please note that if you opt out in this manner, certain aspects of our services may no longer be available to you.

Cookies and Tracking Technologies: If you would like to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of the Websites or some of its functionality may be affected.

Note that cookie-based opt-outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. Additionally, if you opt out on one of your devices, that opt out may not be effective on all of your devices. However, please be advised that cookie-based opt-outs are not effective on some mobile services.

Some browsers have a Do Not Track (“DNT”) feature that lets users signal to websites that they do not want to have their online activities tracked. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Interest-Based Advertising: You may opt out of receiving targeted ads from certain data and advertising partners that participate in certain industry self-regulatory programs. The DAA provides a website at www.aboutads.info/consumers with information about how to opt out of targeted advertising from some or all of the DAA's participating companies. Additionally, the Network Advertising Initiative (“NAI”) offers a website at http://optout.networkadvertising.org/ where you can opt out of interest-based advertising from some or all of the NAI's members. Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities. In the event that we perform cross-device matching (as described above), once you have opted out on one device (“Opted-Out Device”), we will not use any new data from the Opted-Out Device to identify you on another device for interest-based advertising purposes, and we will not use data from another device for interest-based advertising purposes on the Opted-Out Device.

For targeted advertisements delivered through mobile apps, users may opt out of certain ads or reset advertising identifiers via their device settings. To learn how to limit ad tracking or to reset the advertising identifier on your iOS and Android device, visit the following links:

You can also install the DAA's AppChoices app on your device to opt out of targeted advertising by certain providers, and to select system-level advertising preferences on your device (such as “Limit Ad Tracking” on Apple devices, or “Opt-out of Interest-based ads” on Android devices).

Finally, to learn more from the NAI about how to opt out of targeted advertising on mobile devices, you can also visit the following link: https://thenai.org/opt-out/mobile-opt-out/.

EUROPEAN PRIVACY RIGHTS

IF YOU ARE SITUATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR THE UNITED KINGDOM, THIS SECTION APPLIES TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.

In accordance with the General Data Protection Regulation (“GDPR”), we will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where you have consented to a certain use of your personal data.
  • Where we need to comply with a legal or regulatory obligation.

To the extent permitted under applicable laws, we will also process, transfer, disclose, and preserve personal data when we have a good faith belief that doing so is necessary.

Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may not be able to provide certain services to you.

If you are located in the EU, Switzerland, or the UK, under the GDPR, you 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. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
  • The right to request from Puzzle Duck, LLC, a “data controller” as defined under the GDPR, 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 request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

To exercise your rights under the GDPR, please contact Puzzle Duck, LLC by emailing us at poeltl.admin@nbpa.com. Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your personal data. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more personal data from you than we currently have.

If you are situated in the EEA, Switzerland, or the UK and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance by emailing poeltl.admin@nbpa.com.

CHILDREN'S PRIVACY

The Website is a general audience website. We do not knowingly collect any personal information from individuals under the age of thirteen on the Website. When we become aware that personal information (or other information that is protected under applicable law) from a child under thirteen has been collected, we will use all reasonable efforts to delete such information from our databases. If you believe we might have any personal information from or about a child under thirteen, please contact us at poeltl.admin@nbpa.com.

YOUR ACCEPTANCE OF THE PRIVACY POLICY AND NOTIFICATION OF CHANGES TO THE POLICY

By using this Website, you signify your agreement to the terms of our privacy policy. We may amend this privacy policy at any time. If we make a material change to the way in which we collect, use, and/or share your personal information, we will post a notice on our Website and/or send an email to users who have provided an email address. If you continue to use the Website after a notice is posted, you have given your permission for your personal information to be used under the terms of the new privacy policy. Please note that you should always update your personal information to provide us with a current email address.

CORRECTING/UPDATING PERSONAL INFORMATION

If your personal information changes (such as your email address or zip code), or if you no longer desire to access our Website, we will endeavor to provide a way to correct, update or remove the personal information you have provided to us. This can be done by emailing us at poeltl.admin@nbpa.com.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits customers of Puzzle Duck, LLC and who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to poeltl.admin@nbpa.com or write us at CA Privacy Rights, NBPA, 1133 Avenue of the Americas, 12th floor, New York, New York 10036.

YOUR NEVADA PRIVACY RIGHTS

If you are a resident of Nevada, you have the right to opt out of the sale of certain personal information that we have collected (or may collect) from you to data brokers or other third parties. You can exercise this right by emailing us at poeltl.admin@nbpa.com with the subject line “Nevada Do Not Sell Request.”

CROSS-BORDER DATA TRANSFERS

If you submit personal information to us, that information may be processed in a jurisdiction where privacy laws may be less stringent than those in your country of residence. By submitting your personal information to us, you agree to the transfer, storage, and processing of such information in foreign jurisdictions including, but not limited to, the United States. Please note that personal information transferred to the United States is subject to access by law enforcement. Where applicable, we may use model clauses approved by the laws of your jurisdiction (such as Standard Contractual Clauses approved by the European Commission) for cross-border data transfers.

CHANGES TO THIS PRIVACY POLICY

If we decide to change our privacy policy, we will post those changes on this page, and/or update the privacy policy modification date below. Policy changes will apply only to information collected after the date of the change.

QUESTIONS ABOUT THIS PRIVACY POLICY

If you have any questions about this privacy policy or the privacy practices of this Website, contact poeltl.admin@nbpa.com.