North America Privacy Policy 

This privacy policy (the “Policy”) describes how Low6 USA Inc. (“Low6,” “we,” “us,” or “our”) collect, use, and share your information in North America, provided by you through our mobile applications and/or websites (in alphabetical order): 

• Bengals Picks – available at bengalspicks.com;  
• Han Pick’em – available at hanpickem.com; 
• PGA TOUR Pick ‘Em Live – available at pickemlive.pgatour.com and via the PGA TOUR app;
• Pistons Picks – available at pistonspicks.com;  
• Ultimate Bengals – available via the Google Play and Apple App stores;  
• Ultimate Jags – available via the Google Play and Apple App stores; and  
• UltimateUSA – available via the Google Play and Apple App stores 

(each a “Platform” and collectively the “Platforms”)  

The Policy also informs you about your rights regarding the information we collect. By using any of our Platforms, submitting information, and/or using our online sports gamification services available through the Platforms, you agree to let us collect and use your information as described in this Policy. If you object to the collection, use, and sharing practices described in this Policy, you may not use our Platforms. Therefore, before you provide us with any information, you should read through this Policy in its entirety and understand its terms. 

We may update the Policy from time to time, so please check it occasionally.  

This Policy describes: 

• Personal Information We Collect; 
• How We Collect Your Personal Information; 
• How We Use Your Personal Information; 
• How We Share Your Personal Information With Third Parties; 
• California Privacy Rights; 
• Changes to the Policy; 
• Questions About This Policy. 

PERSONAL INFORMATION WE COLLECT 

Low6 collects information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to any individual or a household (“Personal Information”). Low6 also collects non-Personal Information that cannot be linked or associated with any individual person or household. When non-Personal Information is combined with other information so that it does identify an individual person, we treat that combination as Personal Information. We may collect, use, store and transfer different kinds of Personal Information about you, which we have grouped together as follows: 

• Identifiers such as your first name, last name, alias, username or similar unique personal identifier, account name, online identifier, gender, and/or date of birth. 
• Contact Information such as your billing address, email address and telephone numbers. 
• Financial Information such as credit or debit card information, payment details, or other payment information. 
• Profile Data such as user name, password, profile picture, details about gameplay selections, payments you have made, and/or other details of products and services you have purchased from us, social media account, and message content from support requests. 
• Technical Information such as internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Platforms. 
• Usage Data includes information about how you use our Platforms and services, such as length of stay, clickstream, and activity on the site (login times, pages viewed, etc.). 
• Marketing and Communications Information such as click-throughs, your preferences and consent in receiving marketing from us and our third parties, email communications, and your communication preferences. 
• Inference Data including inferences drawn from the Personal Information identified above. 

If You Do Not Provide Personal Information. Where we need to collect Personal Information by law, or under the terms of a contract we have with you, and you do not 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 products or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time. 

Children’s Privacy. The Platforms are intended for adult use only and is not directed towards anyone under the age of 18. If you are under the age of 13, you are not authorized to provide us with any Personal Information. If the parent or guardian of a child under 13 believes that the child has provided us with any Personal Information, the parent or guardian of that child should contact us at the email address below and to have this Personal Information deleted from our files. 

HOW WE COLLECT YOUR PERSONAL INFORMATION 

Information You Provide To Us: 

Low6 may collect Personal Information from you that you voluntarily provide to us in various ways, including, but not limited to: 

• Create an account with us 
• Obtain winnings from gameplay selection 
• Call, email, text, or otherwise communicate with us 
• Register for a Low6 contest 
• Sign up to receive newsletters 
• Respond to marketing emails 
• Otherwise interact with the Platforms  

Information We Collect When You Use Our Services 

Automated technologies or interactions. As is true of most websites, we receive and store certain types of Personal Information whenever you interact with us online. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. When you access and use any of our Platforms from your mobile devices, we receive data from that mobile device. This may include your device ID, location data, IP address and device type. You may manage how your mobile device and mobile browser share location information with us, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings. 

Cookies and Tracking Technologies. We and our service providers use cookies, pixels, and other tracking technology to recognize your browser or device and to capture and remember certain information about your activities on our Platforms. For example, cookies gather information about how long you spend on a web page so that we can understand what web pages are of interest to users. If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off cookies by adjusting your browser settings. If you turn off your cookies, some of the features of the Platforms may not function properly. 

Information We Collect From Third Parties 

We collect Personal Information from various third parties, including those listed below. The collection, use, and disclosure of Personal Information received from third parties is governed by the privacy policies listed on the website where the information was submitted by the user. Third parties may send their own cookies and pixel tags to you, and may collect information and use it in a way inconsistent with this Policy. Please carefully review these third-party privacy policies to understand how your information may be collected, used and disclosed by these third parties. 

Third Party Service Providers. We collect Personal Information from service providers including payment processors, website hosting providers, email service providers, SMS marketing providers, and social media platforms. 

Social Media Sites.  When you contact us, we receive Personal Information from those third party social media sites, which may include your public profile information.   

Third Party Advertising Partners. We collect Personal Information received from third party advertising partners, including partners who host and manage various online advertisements and ad platforms such as Facebook Pixel, Google Ads, and Twitter Pixel.  This may be combined with the website analytics data described below.   

Google Analytics. We use third party cookies provided by Google Analytics to assist us in better understanding our Platform visitors. These cookies collect IP address and usage data, such as the length of time a user spends on a page, the pages a user visits, and the websites a user visits before and after visiting our Platform. Based on this information, Google Analytics compiles data about website traffic and interactions, which we use to offer better user experiences and tools in the future. For information on how to opt-out from Google Analytics, visit https://tools.google.com/dlpage/gaoptout.   

Your ‘Do Not Track’ Browser Setting. Some web browsers incorporate a Do Not Track (“DNT”) feature that signals to the websites that you visit that you do not want to have your online activity tracked. At this time, our Platforms do not respond to DNT signals. Other third party websites may keep track of your browsing activities when they provide you with content, which enables them to customize what they present to you on their websites. 

HOW WE USE YOUR PERSONAL INFORMATION  

Purposes For Which We Will Use Your Personal Information 

Our primary purpose in collecting Personal Information is to provide you the products and services that you have ordered or requested with a safe, smooth, efficient, and customized experience.  We may also use your Personal Information for the following business purposes:  

• Collect and process payments and complete transactions. 
• Provide the products, services, and customer support you request. 
• Verify your identity and account information in connection with products or services you request. 
• Provide you with recommendations for products and services that we believe would be of interest to you. 
• Contact you with promotional email and text messages. 
• Provide you with our newsletter if you have subscribed to it. 
• Assist you with setting up and managing your customer account with us. 
• Resolve disputes. 
• Troubleshoot problems and support. 
• Enforce our General Terms and the terms of this Policy. 
• Customize, measure and improve our services and content. 
• Inform you about our products, services, updates and promotional offers. 
• To customize the advertising and content you see. 
• To protect our interests, including establishing, exercising and defending legal rights and claims. 
• As necessary to comply with legal requirements, to prevent fraud, to co-operate with law enforcement and regulatory authorities, and to stop other prohibited, illegal, or harmful activities. 
• For purposes disclosed at the time you provide/we request your Personal Information or as otherwise set forth in this Policy. 

HOW WE SHARE YOUR PERSONAL INFORMATION 

We share your Personal Information with third parties only in the ways that are described in this Policy and with our business partners, suppliers and sub-contractors in order to provide you with our goods and services and perform any contract we enter into with them or you. 

User Disclosures.  Some Personal Information is disclosed as a matter of course as a result of your use of the Platform.  Any Personal Information shared via any public forum on our Platform will become public information.   

Service Providers. We may use third-party service providers to perform certain business services and may disclose Personal Information to such service providers as needed for them to perform these business services. Service providers are only allowed to use, disclose or retain the Personal Information to provide these services and are prohibited from selling Personal Information. Business services provided include, but are not limited to, hosting services, communications services, website development services, payment processing services, and analytics services. 

We may use the Google reCAPTCHA tool to protect our Platforms from various types of abusive processing attempts.  In order for this tool to work, reCAPTCHA analyzes various information that it collects from each visitor, which may include the IP address, mouse movements, length of stay, and other information gathered by Google.  By using reCAPTCHA, this data is sent to Google and used to determine whether the visitor is a natural person or an abusive automated program (e.g. bot).  You can find more information about reCAPTCHA at https://www.google.com/recaptcha.  All information captured by the Google reCAPTCHA tool is subject to Google’s Terms and Privacy Policy. 

Affiliates, Successors and Assigns. We may share Personal Information with our parent company, subsidiaries, successors, assigns and affiliates, including where disclosure of your Personal Information is needed to protect the employees, independent contractors, officers, directors, members, users, or shareholders of Low6 who may use the Personal Information for the purposes described above. 

Business Transactions. We may do business with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Information in the same way as set out in this Policy. 

Legal Process. Subject to applicable law, we may disclose information about you (i) if we are required to do so by law, regulation or legal process, such as a subpoena; (ii) in response to requests by government entities, such as law enforcement authorities; (iii) when we believe disclosure is necessary or appropriate to prevent physical, financial or other harm, injury or loss; or (iv) in connection with an investigation of suspected or actual unlawful activity. 

Targeted Advertising and Sales of Personal Information. Like most companies, we allow certain third party advertising partners to place tracking technology such as cookies and pixels on our websites. This technology allows these advertising partners to receive information about your activities on our Platform, which is then associated with your browser or device. These companies may use this data to serve you more relevant interest based ads as you browse the internet.  

Users in the United States may opt out of many advertising networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies.  For information about opting out of targeted advertising on mobile applications, users in the United States may download the DAA’s AppChoices mobile application from the Apple AppStore or Google  Play Store.  

Low6 also shares some Personal Information with its brand partners (including, without limitation, PGA Tour Inc. and Learfield Sports LLC), sportsbook partners (including, without limitation, PointsBet USA Inc.), media partners (including, without limitation, NBCUniversal) and other commercial partners who may use this information for their own commercial purposes. Under some north American and state laws, these activities may be considered a “sale” of information. Low6 may also share Identifiers, Contact Information, Profile Data, Usage Data, Technical Information, and Inference Data (as those terms are used in “Personal Information We Collect” above) with sportsbooks in exchange for monetary compensation. Low6 has no actual knowledge of any sales of Personal Information of minors under 16 years of age.  

In respect of Personal Information shared with NBCUniversal (only), Personal Information will only be shared when: (a) a user has registered via PGA Tour Pick’Em Live; and (b) a user has explicitly opted in to the sharing of Personal Information at the time of registration.  

COMMUNICATIONS AND OPT OUT  

By establishing an account or registering to receive the Low6 Newsletter, you may consent to receive periodic commercial/promotional email communications from us. You may opt-out of receiving such promotional communications at any time by following the unsubscribe instructions in a promotional email. This opt out will not apply to operational or informational emails related to your account and purchases. You may continue to receive promotional email messages for a short period while we process your request. 

CALIFORNIA PRIVACY RIGHTS  

California Consumer Privacy Act. The California Consumer Privacy Act of 2018 (“CCPA”) provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights. 

Upon verification of your identity you may: 

• No more than twice in any 12-month period, request disclosure of the following information: 
• Categories of Personal Information we collect. 
• Categories of sources from which Personal Information is collected. 
• Categories of Personal Information sold or disclosed to third parties. 
• Categories of third parties with whom such Personal Information is sold or disclosed. 
• Business or commercial purpose for collecting or selling Personal Information. 
• Specific pieces of Personal Information we collect. 
• Request deletion of your Personal Information, subject to the exceptions provided by law. 
• Opt-out from having your Personal Information sold to third parties, if applicable.  

Requests to know or delete can be submitted by e-mailing us at privacy@low6.co.uk. You can opt out of having your Personal Information sold to third parties by clicking on the “Do not sell my personal information” link. 

Please note that these rights apply only to select California consumers and exclude job applicants, employees, and business contacts. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. Except where you have provided an agent with a Power of Attorney pursuant to Sections 4000 – 4465 of the California Probate Code, when using an authorized agent you must: (1) provide the agent with signed permission clearly describing their authority to make a request on your behalf; (ii) verify your own identity; and (iii) directly confirm that you have provided the authorized agent permission to submit the request. That agent must also be able to verify their identity with us and provide us with their authority to act on your behalf. 

The verifiable consumer request initiated by you or your authorized agent must: 

• Include your full legal name, email, and phone number, which we will need to contact you in order to verify that you are the person about whom we collected Personal Information or an authorized representative. 
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. 

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. One of our representatives will contact you in order to verify your identity. You may need to provide additional information in order to verify your request. Depending on the nature of the request, we may require additional verification actions be taken, including but not limited to providing a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request. We will only use this information to verify the requestor’s identity or authority to make the request. 

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: 

• Complete the transaction for which we collected the Personal Information, provide a product or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. 
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 
• Debug products to identify and repair errors that impair existing intended functionality. 
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. 
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.). 
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. 
• Comply with a legal obligation. 
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it. 

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  

The CCPA provides the right to be free from discrimination if you choose to exercise your rights under the statute, and we will not discriminate by: 

• Denying you products or services. 
• Charging you different prices or rates for products or services, including through granting discounts or other benefits, or imposing penalties. 
• Providing you a different level or quality of products or services. 
• Suggesting that you may receive a different price or rate for products or services or a different level or quality of products or services. 

Other California Privacy Rights. California residents have the right to receive information that identifies any third party companies or individuals that Low6 has shared your Personal Information  with for their direct marketing purposes in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting us at the address below. 

CHANGES TO THIS PRIVACY NOTICE 

Low6 may modify or update this Policy periodically in our sole discretion. Any changes will be effective upon the revised Policy being posted to our Platform. You are solely responsible for reviewing this Policy for any changes. As such, we encourage you to revisit this page often to remain fully informed of our Policy or you can contact us at any time to obtain the latest copy of this Policy. 

Your continued use of any of the Platforms following any changes to this Policy will indicate your acknowledgement of and consent to such changes and to be bound by the terms of such changes, with the understanding that the updated Policy applies to all of your Personal Information, including the Personal Information collected before the changes went into effect.