UPPER DECK PRIVACY POLICY
At Upper Deck we are committed to protecting your privacy and we comply with the
applicable data protection laws. This privacy statement discloses how we collect
and use the personal data you provide us.
Policy Overview
Upper Deck may collect personally identifiable information about you, such as your
name, e-mail address and phone number ("Personally Identifiable Information") and
other information that, on its own, can not be used to identify you personally,
such as your age or state of residence ("Demographic Information") and/or any combination
of these. Information may be collected at multiple places on the Site, including
but not limited to main registration; contest entries, sweepstakes, or surveys;
or when you submit content or communications to the Site. If we use Demographic
Information together with any Personally Identifiable Information, such Demographic
Information will be treated as Personal Information under this Privacy Policy.
Upper Deck reserves the right to collect and disclose (to our affiliates and to non-affiliate
third parties) Demographic and Personally Identifiable Information to the extent
permitted by applicable law, as specifically restricted in this Privacy Policy or
in any Upper Deck Terms of Use. Notwithstanding anything to the contrary in this
Privacy Policy or elsewhere, we reserve the right at all times, without notice,
to disclose any information in connection with a legally required court order or
a Change of Ownership.
Caution and common sense should be used at all times on
any Internet site. Giving out Personally Identifiable Information is not permitted
between participants on the Site and violations of this policy will result in immediate
removal of the information and/or at Upper Deck’s sole discretion, termination of
your use of the Site. Upper Deck has no control and specifically disclaims any liability
over third parties to whom you may give Personally Identifiable Information through
the use of our Site or otherwise post on the Site, including on your Public Profile.
Policy for children under 18 years of age
Information is gathered on the Site by Upper Deck to customize the Site to our users’
interests. User information helps us tailor content, services, goods and advertising.
If it becomes necessary for Upper Deck to gather personally identifiable information
from a citizen of a European Country under the age of 18, or a citizen of the United
States or Canada under the age of 13, verifiable parental consent will be required.
In such event you will be prompted to provide your parent or legal guardian's email
address prior to disclosing Personally Identifiable Information to Upper Deck so
that Upper Deck may obtain verifiable parental consent by contacting your parent
to obtain (1) a valid credit card; (2) executed consent document either by facsimile
or digital signature. Personally Identifiable information is not generally collected,
however some areas, such as order processing, require disclosure of Personally Identifiable
Information. In such event, you will be prompted to enter parental contact information.
To obtain this consent, Upper Deck will contact your parent or legal guardian via
the email provided and provide your parents with the ability to: (a) review the
personal information we have collected from you prior to any use by Upper Deck;
(b) refuse to allow any further collection or use of your personal data; and (c)
remove your records from our database. Upper Deck does not require children to provide
any more information than is reasonably necessary to participate in any of our Site
activities.
Until consent is provided, we will neither collect any additional
information about you nor use the information we have collected except for the purpose
of seeking consent. If we do not have your parent's consent within 30 days, we will
destroy all personal data we have received from you and you will not be able to
access services provided at areas requiring parental consent. Once parental consent
is provided, you will receive an e-mail message confirming that you have full access
to the services provided at these areas. This e-mail should be received within a
week of receiving your Parent's consent.
Even after a parent has given consent
for Upper Deck to collect personal information from his/her child, the parent may
at any time contact Upper Deck's Privacy Policy Administrator to review, alter or
delete information that was previously collected. A parent may revoke consent by
completing this form and either mailing or faxing it to Upper Deck's Privacy Policy
Administrator at the address or number listed below.
A Special Note about Children, Children’s Privacy and Our Compliance with COPPA
In compliance with the Children's Online Privacy Protection Act ("COPPA"), we do
not intend to collect any Personal Information from children under the age of thirteen
(13) years of age without verifiable parental consent. Parental supervision is recommended
for use of any Internet site. If you are the parent or guardian of a child under
thirteen (13) and believe that he or she is using the Site in violation of Upper
Deck policy, please contact Upper Deck’s Privacy Policy Administrator by completing
this form.
Opt-Out and Termination
Upper Deck believes that our ability to share your Personal Information with certain
third parties improves our ability to provide services to you. However, if you object
to our sharing of your Personal Information or the personal information of your
child and would like to opt-out, at any time, even after disclosure, of sharing
of your Personal Information with third parties for their direct marketing purposes,
or if you would like to exercise your right under the CAN-SPAM Act to not receive
future commercial (promotional/marketing) e-mail correspondence from us, except
with respect to your prior financial transactions or communications, or as otherwise
required by law, please complete and return the opt-out request available by following
the directions on the bottom of our e-mails to you.Further, if you would like to
terminate our use of your Personal Information on a going forward basis (except
as it relates to prior transaction and communications, our record keeping and our
compliance with law), there is also a place on that form to select that option.
Please note that in accordance with our routine record keeping, we may delete
certain records that contain Personal Information you have submitted through the
Site. We are under no obligation to store such Personal Information indefinitely
and disclaim any liability arising out of, or related to, the destruction of such
Personal Information. In addition, you should be aware that it is not always possible
to completely remove or delete all of your information from our databases without
some residual data because of backups and other reasons.
Your California Privacy Rights
Residents of the State of California, under certain provisions of the California
Civil Code, have the right to request from companies conducting business in California
a list of all third parties to which the company has disclosed Personal Information
during the preceding year for direct marketing purposes. Alternatively, the law
provides that if the company has a privacy policy that gives either an opt-out or
opt-in choice for use of your Personal Information by third parties for marketing
purposes, the company may instead provide you with information on how to exercise
your disclosure choice options. Upper Deck has opted for the alternative option
and therefore provides you with the opportunity to opt-out or opt-in to the use
of your Personal Information by third parties for direct marketing purposes. Therefore,
we are not required to maintain or disclose a list of third parties that received
your Personal Information for marketing purposes.
What information is being collected?
Personally Identifiable information Upper Deck may request and/or collect personal
information (such as name, e-mail address and date of birth) from you on a voluntary
basis:
- • in order to enable you to enter into pages of the Websites;
- • in order for you to purchase Digital Packs, Credits or fantasy items;
- • in order to enable you to register with us to receive updates, marketing and other
targeted items such as event notifications;
- • in order to enable you to participate in games, contests, events or promotions;
- • in order to enable you to win prizes;
- • in order to enable you to send questions or comments to Upper Deck;
- • in order to enable you to purchase any other physical goods from Upper Deck (when
available);
- • for other services that require registration or subscription.
The requested information is also used by Upper Deck to send you orders, The Gameplans,
information about our company, and promotional material. You personal data is also
used to get in touch with you when necessary. When you are ordering products on-line,
financial information that is collected is used to bill you for products and services.
The Site contains chat rooms, forums, message boards and/or personal websites.
Your use of these areas is monitored and messages reviewed prior to posting. Please
remember that any information that is disclosed to any of these areas is public
information. Any attempt to post links, personal information or contact other users
off site is strictly prohibited and such messages will be deleted and could subject
the user to termination.
Player chat is limited to template responses. If a user
desires to upgrade Player chat to dictionary-based “white” chat, registration is
required. Where the registrant is underage, verifiable parental consent will be
required. To obtain verifiable parental consent, you will be required to provide
your parent or legal guardian’s email address and Upper Deck will contact your parent
or legal guardian via the email provided. At contact, your parent will be required
to provide either (1) a valid credit card number, or (2) an executed parental consent
form via facsimile or digital signature. Use of IP Addresses
An IP address is
a number that is automatically assigned to you whenever you access the Internet
and is often associated with the place where you enter the Internet like your Internet
Service Provider ("ISP"), your company or your university. This IP address may be
the same each time you access the Internet or it may change. Upper Deck collects
IP addresses for the purposes of system administration, to report aggregate information
to its business partners, and to audit the use of the Site. We can and will use
IP addresses to identify a user and to gather broad demographic information. Please
review each service prior to use and only use those that disclose information you
are comfortable with sharing.
Use of Cookies
Cookies are pieces of information that a website transfers to a visitor's hard drive
for record-keeping purposes. Your browser has options to accept, reject, or provide
you with notice when a cookie is sent. However, the Site may not function correctly
if you reject cookies. A cookie may tell us whether you have visited the Site before
and what pages on the Site you have viewed. The cookies we use do not collect any
personal information about you, provide us with any way to contact you, or extract
any information from your computer; they are set to expire after thirty minutes
of inactivity. Although most web browsers are set to accept cookies automatically,
you can usually change your browser to notify you whenever a website attempts to
transfer a cookie to your hard drive or to reject cookies automatically. Consult
your browser's Help Screen file for more information. You may occasionally receive
cookies from our advertisers. Upper Deck does not control these cookies and they
are not subject to this privacy policy. Please consult our advertisers' own privacy
policies to learn how they collect and use information.
Embedded Scripts and Other Technologies
The Site may utilize scripts, web beacons and other programming code and technologies,
which permit Upper Deck to monitor and collect information about the viewer of a
web page, web-based document or message sent by the Site such as such as for example
web pages visited, length of time spent on the Site and links activated from the
Site. This information will be used for a variety of purposes including to provide
Site users with relevant content and/or advertising at the Site and to optimize
user access.
Upper Deck’s Site may allow the use of third party network advertisers
to advertise on the Site and may use traffic measurement services or other site
monitoring technology to analyze traffic, guest visits and other Site information.
Network advertisers are third parties that display advertisements based on your
visits to the Site and other websites you have visited. Third-party ad serving enables
Upper Deck to target advertisements to you for products and services in which you
might be interested. The Site's third party ad network providers, the advertisers,
the sponsors, and/or traffic measurement services may set and access their cookies
and technologies on your computer or may be given access to cookies set by the Site.
These third party cookies and/or technologies may be set to, among other things,
help deliver advertisements to you that you might be interested in, to prevent you
from seeing the same advertisements too many times and to conduct research regarding
the usefulness of certain advertisements to you. Note that any images (or any other
parts of a web page) served by third parties in association with these cookies and/or
technologies may serve as web beacons, which enable third parties to carry out the
previously described activities. Third party cookies, web beacons and other technologies
are governed by each third party's specific privacy policy. To opt-out, you will
need to access the Site and follow their opt-out procedures.
E-mail/Text Messages
If you register with Upper Deck’s Site or purchase any products from us, we may from
time to time, contact you with informative messages about our services, events,
releases, products or those products or services of a third party which we believe
may be of interest to you such as new features and services, special offers and
updated information. These email/text messages may contain “cookies” or other code
that enables our database to track your usage of the communication, including whether
the communication was opened and/or what links (if any) were clicked. We will combine
that information to other information we have about you and may use that information
to improve your Site experience and/or provide customized communications to you.
Registration
At the time of registration, Upper Deck will ask for your e-mail address, a user-selected
user name and other information. Once you are a registered user, you can update
your profile and may be able to provide additional preferential information. Additionally,
at time of registration, Upper Deck may ask for other optional non-personally identifiable
information such as demographic information.
Links to Other Sites
Many websites link to Upper Deck and we may link to other websites which we think
may be of interest to our visitors. Upper Deck is not responsible for the content
of these sites and is not able to control the information that is contained or collected
on them.
Children should always check with a parent or legal guardian before
linking to any new sites. Please refer to the privacy policies on those sites to
learn how they collect and use information.
Review and Correction of Information
If for any reason you are concerned that the personal information about you that
is maintained by Upper Deck is incorrect and needs to be changed or deleted, please
contact us by e-mail and we will be happy to update or remove your personal information
accordingly. We may continue to retain your information in our files due to technical
and legal requirements, constraints related to the security, integrity and operation
of the Site or to resolve disputes.
Information Submission
Information submitted to the Site by you will not be used to contact you for marketing
purposes unrelated to your inquiry unless you agree otherwise. For security reasons,
we
do not recommend that you send non-public Personal Information, such as passwords,
social security numbers, or bank account information to us by e-mail or text message.
Blogs, message boards and other public forums will be available on Upper Deck’s
Site for users. These forums will be monitored by Upper Deck and if personal information
is found, it will be removed and your account may be terminated. The posting of
personal information is prohibited as it may become publicly available and you may
receive unsolicited messages from other parties. We cannot ensure the security of
any information you choose to make public. We also cannot ensure that parties who
have access to such publicly available information will respect your privacy, therefore
please exercise caution when posting information to these forums.
Also, remember
that if you submit comments, votes, blog entries, text, photographs, videos, music
or other user-generated content to the Site, Upper Deck may require additional releases
in order to publish online or offline in any media or format (currently existing
or hereafter developed). Others may have access to this content and may have the
ability to share it with third parties across the Internet. Upper Deck may publish
your name, voice, likeness and other Personal Information with the content (or a
portion thereof), and Upper Deck may use the content, (or a portion thereof) for
advertising, marketing, publicity and promotional activities.
Transmitted Content
It may be possible to send content from the Site to a friend. In such event, the
information you provide is used on a one-time basis to facilitate the communication.
It is not stored by Upper Deck nor will Upper Deck use the information to contact
you or for any other purpose including marketing.
Third Party Information
From time to time, Upper Deck may receive personally identifiable information about
you from a third party. Upper Deck may combine this information to provide you with
targeted content regarding services and products. In the event we are provided with
personally identifiable information about you, we will apply this Privacy Policy
to the Information received from third parties, unless we tell you otherwise at
the time you provide us with your Personal Information.
Purchases
When making a purchase on the Site, Upper Deck will request user information. This
information includes a user's contact information (e.g., e-mail address and in the
case of delivery of tangible products, delivery address and phone number) and necessary
information to process the order (e.g., credit card number and billing address).
Contact information from the purchase is used to send orders to our registered users
and to get in touch with the user as is necessary to process the purchase. Upper
Deck may use third parties to accept, process, invoice and ship purchases. In such
event information concerning you may be transferred as is necessary to process the
information. Upper Deck does not permit any service provider to use this information
for any service other than the service specifically contracted by Upper Deck to
facilitate your purchase.
Users under the age of eighteen (18) or under the age
of nineteen (19) in Alabama or Nebraska or under the age of twenty-one (21) in Mississippi
are required to have the permission of their parents or legal guardians to make
any purchase on this site including Premium Subscriptions. You, if you are over
the age set forth above for your specific area of residency, or your parent or legal
guardian where you are under the age for your specific residency set forth above,
are solely responsible for payment of all purchases made on the site. By engaging
in any purchase on the site, you represent and warrant that your parent or legally
guardian has made the purchase on your behalf where applicable, or that you are
legally permitted to make charges to the credit card or that you are the card holder
or an authorized user of the card holder.
Sweepstakes, Promotions Events
From time to time Upper Deck may offer sweepstakes, promotions or events to users
(“Program”). These programs may be sponsored directly by Upper Deck or may be in
conjunction with or wholly offered by a third party. It may be necessary to enter
personally identifiable information in order to participate in these programs. If
we plan to share that with a co-sponsor or third party sponsor, we will advise you
prior to registration and provide you with an ability to opt-in or opt-out of sharing
your Personally Identifiable Information other then for purposes of operating the
Program. You may also need to agree to the official rules for a Program and or execute
additional releases, which may contain specific requirements of you, including,
except where prohibited by law, allowing the sponsor(s) of the Promotion to use
your name, voice and/or likeness in advertising or marketing associated with the
Promotion.
If it becomes necessary for Upper Deck to gather personally identifiable
information from a citizen of a European Country under the age of 18, or a citizen
of the United States or Canada under the age of 13, for participation in a sweepstakes,
promotion or event, verifiable parental consent will be required. In such event
you will be prompted to provide your parent or legal guardian's email address prior
to disclosing Personally Identifiable Information to Upper Deck so that Upper Deck
may obtain verifiable parental consent by contacting your parent to obtain (1) a
valid credit card; (2) executed consent document either by facsimile or digital
signature.
Non-Personally Identifiable Information - Usage Information
Non-Personally Identifiable Information may be collected from you, which may include
a visitor's "IP Address" or another unique identifier for a device used to access
the Internet, operating system, browser type, referring web site URL. This Information
will be used by Upper Deck to calculate the number of visitors to the Site, diagnose
problems with the Site's server and operate the Site as well as upgrade the Site,
add additional content, tailor and improve the Site, serve you relevant content
and/or advertising at the Site and serve you an appropriate version of a web page.
Third Party Site Links
Upper Deck’s Site may contain links, including banner and other ads, to third party
websites. Upper Deck has no control of the content on these websites and disclaims
responsibility for the privacy practices or the content of such websites.
Transfer to the United States
The Site is operated in the United States and intended for residents of the United
States. If you are located outside of the United States, be aware that information
we collect will be transferred to the United States. By using the Site, accessing
the Site or providing your information to the Site or Upper Deck, you consent to
this transfer.
Security
We have put in place physical, electronic and managerial procedures to safeguard
and help prevent unauthorized access, maintain data security, and correctly use
the information we collect online. Unfortunately, no data transmission over the
Internet can be guaranteed to be 100% secure. As a result, while Upper Deck strives
to protect your personal information, Upper Deck cannot ensure or warrant the security
of any information you transmit to us.
Notification of Security Breaches
In the unfortunate event that your "personally identifiable information" (as the
term or similar terms are defined by any applicable law requiring notice upon a
security breach) is compromised, we will notify as required by applicable law. If
applicable law permits, you consent to notification by e-mail or by posting a notice
to your user console (at Upper Deck's sole and absolute discretion). As such notices
will be given in the most expedient time reasonable under the circumstances; provided,
however, delays in notification may occur while we take necessary measures to determine
the scope of the breach and restore reasonable integrity to the system as well as
for the legitimate needs of law enforcement if notification would impede a criminal
investigati
on.
Questions and complaints
Any questions or complaints about Upper Deck
or this privacy statement can be addressed
by contacting us at upperdeck.com.
For questions from our European users please
contact us at:
Upper Deck (Europe BV) Flevolaan 15 1382 JX Weesp The Netherlands
Phone: + Int 31 294 461 600
Fax number: (011) 31 294 492 401 E-mail: questions@upperdeck.com
For questions form US or Canadian users contact us at:
The Upper Deck Company,
Inc 985 Trade Drive Suite A Las Vegas NV 89030
Phone: (800) 873-7332 Fax number:
(702) 633-0685 E-mail: customer_service@upperdeck.com
Privacy Policy Changes
Upper Deck posts their Privacy Policy directly on the Site. The Privacy Policy should
be reviewed frequently as it may change from time without notice. All changes are
effective immediately upon posting of the revised Privacy Policy to the Site. WHEN
YOU ACCESS THE SITE, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS
PRIVACY POLICY OR TO ANY CHANGES UPPER DECK MAY MAKE, IMMEDIATELY STOP ACCESSING
THE SITE. If, at any point, we decide to use your Personal Information in a manner
materially different than what was stated at the time it was collected, we will
notify users of this change by e-mail to the last e-mail address provided to us.
Please note that, at all times, you are responsible for updating your personal information
to provide us your current e-mail address. In the event that the last e-mail address
that you have provided us is not valid, or for any other reason is not capable of
delivering to you the notice described above, our dispatch of the e-mail containing
such notice will nonetheless constitute effective notice of the amendment described
in the notice.Users will have a choice (by means of an opt-in or opt-out at Upper
Deck’s sole discretion) as to whether or not we use their Personal Information in
this different manner. We will use Personal Information in accordance with the privacy
policy under which the information was collected if you opt-out of the new policy.
Note to Parents
The Internet offers a world of opportunity for children. Your guidance and involvement
are essential to help ensure that children have a safe and rewarding online experience.
We encourage you to visit the GetNetWise.org site and look through the "Kids Safety"
section together. Your efforts to instill responsible information practices will
help steer your children to age-appropriate sites and will go a long way toward
ensuring that your children have enriching experiences online.
Effective Date
The privacy policy set out above is effective as of December 1, 2008, and applies
to all information previously obtained by Upper Deck.
Sole Statement
This Privacy Policy as posted on the Site is the sole statement of our privacy policy with respect to the Site, and no summary, modification, restatement or other version thereof, or other policy statement or policy, in any form, is valid unless we post a new or revised policy to the Site.