Splash Sports Privacy Notice

Last Updated: October 4, 2024

Certamen Games, LLC d/b/a Splash Sports and its parents, affiliates, and subsidiaries, including but not limited to RunYourOfficePools, LLC (collectively “Splash”, “we”, “our”, and “us”) are committed to protecting and maintaining your privacy. This Privacy Policy (“Policy”) is designed to help you understand how we collect, use, and share your Personal Data that is collected on our sites and applications (see “Scope”).

Our  Privacy Principles. Across all of our business activities we seek to base our privacy practices on accepted principles of privacy and data protection. These principles include:

•  Transparency: To be open about privacy practices, policies, developments, and the details of any processing that takes place and to specify the purposes for which Personal Data is collected and processed before such collection takes place.
•  Fairness in Processing: To obtain Personal Data in good faith by legitimate, lawful, and fair means and to process Personal Data only in accordance with the purposes for which it was collected.
•  Privacy by Design: To ensure we create solutions and process data with privacy at the forefront and in accordance with these principles.
•  Accountability: To be accountable for complying with measures that give effect to these principles, including by ensuring accountability of third parties with whom we interact through appropriate contracts.
•  Responsiveness to Privacy Requests: To be responsive to individual’s privacy rights afforded by law.
•  Protection: To protect Personal Data using reasonable security safeguards, to ensure data accuracy, and to limit use to that which is necessary for the processing purpose.

Scope of This Policy. This Policy applies to the processing of your Personal Data when you visit, register for, make purchases on, or use www.SplashSports.com, the Splash Sports mobile app, www.runyourpool.com, the RunYourPool mobile app, www.officefootballpool.com, and other of our online services  (the “Online Services”). This Policy also applies when we process your Personal Data to receive and respond to communications you make with us either online (such as by email) or offline to our physical address. We may also process your Personal Data under this Policy if you are a candidate for employment or apprenticeship with us. Finally, this Policy applies to the processing of Personal Data where you are a principal, employee, agent, or contractor of our business partners.

• We may have other unique privacy policies that apply to certain specific situations. To the extent you were provided with a different privacy policy and those policies or notices apply, those policies or notices will govern our interactions with you, not this one.
• If you provide us with Personal Data of anyone other than yourself (such as a friend or family member), please note that you are responsible for complying with all applicable privacy and data protection laws prior to providing that information to us (including obtaining consent, if required).
• Please review this Policy carefully. To the extent permitted by applicable law, by providing us your Personal Data or otherwise interacting with us, you are agreeing to this Policy.

Information Collected.

• “Personal Data” is any information—as electronically or otherwise recorded—that can be used to identify a person or that we can link directly to an individual, such as name, address, email address, telephone number, or credit card number, as applicable. Personal Data in some jurisdictions can include information that indirectly identifies a person, such as a unique display name, even absent other identifying information.
• Personal Data may include information considered sensitive in some jurisdictions, such as financial account information, geolocation, and other information.  Data that could be considered Sensitive Personal Data is highlighted with a tilde (˜) in the chart below.
• In some circumstances, if you do not provide us with your Personal Data, the Online Services may be unavailable to you.
• Below is a summary of how we collect, process, and use Personal Data and the potential recipients of your Personal Data, and how we have done so in the preceding 12 months. Some jurisdictions require us to state the legal bases for processing your Personal Data, which are included below, but please note that not all jurisdictions may recognize all legal bases.

*The legal bases we rely upon include those enumerated in Articles 6 and 9 of the European Union’s General Data Protection Regulation (“GDPR”), depending on the type of Personal Data. To the extent we process Personal Data for our legitimate interests, those interests include the processing purposes listed in the “Why we process the data” column.

**In limited circumstances, recipients may include, (1) in the event of a sale, assignment, or transfer, to the buyer, assignee, or transferee; and, (2) government or regulatory officials, law enforcement, courts, public authorities, or others when permitted by this Policy or required by law.

***Please see our  Cookie  Notice for more information on how we use cookies and similar technologies.

We may also share your Personal Data: (i) if we are required to do so by law (e.g., in order to comply with a judicial proceeding, court order or other legal obligation or government inquiry); (ii) if we believe that it is necessary to enforce or apply our Terms of Use or other agreements or otherwise protect and defend our rights, property or safety, or that of our customers; or (iii) to any entity that acquires any part of our current operations, including by way of affiliation, merger, de-merger, acquisition, reorganization, or sale of assets.

† If you participate in a fantasy sports pool in the Online Services, your Personal Data may be accessible by the person or entity who administers that pool (the “Commissioner”).  We are not responsible for how a Commissioner subsequently processes or shares your Personal Data.  To better understand how your Commissioner handles your Personal Data, please contact the Commissioner directly or refer to their separate privacy policy or notice.

‡ If you enter into a sponsored sweepstakes or sponsored fantasy sports pool in connection with the Online Services, your Personal Data will be shared with the third-party sponsor.  In some jurisdictions, this may be considered a “sale” of your Personal Data.  The laws in your jurisdiction may provide you the right to opt out of such sales.  If you wish to opt out of the sale of your Personal Data, please click here.  To better understand your rights, please see Your Rights Regarding Your Personal Data below.  You should also review the third-party sponsor’s privacy policy or notice to better understand how they handle your Personal Data.

^We will not attempt to reidentify you or anyone else from anonymized or deidentified data, and if we disclose it to third parties, we will require that they commit to not attempting to reidentify you or anyone else from the deidentified data.

Combination of Data. When permitted, we may combine information we collect, whether Personal Data or not, with Personal Data that we may obtain from third parties.

Children’s Data. We do not knowingly collect, maintain, disclose, or otherwise process Personal Data from minors below the age of 16 without the permission of such minor’s parents or legal guardians.  If you believe we might have any information from or about a person under the age of majority in their province or territory of residence, please contact us as described in the “Contact Us” section below.

Marketing Uses, Cookies, and Other Activities. To the extent permitted by applicable law, including in accordance with your consent where required by applicable law, we may engage in the following activities:

• We may use your contact details to contact you to determine whether you would like to initiate a business relationship with us or to send you marketing emails. If you do not wish to receive such marketing emails, you may opt out by declining to receive such emails when registering or in our subsequent communications by following opt-out instructions included in the email or at other information collection points on the Online Services.
• We may display advertisements to you regarding the Online Services or other of our products and services that we believe are relevant to you based on your activities on the Online Services or on other web or digital properties. Such advertisements may be shown on our Online Services or the online services of others. We achieve this by using, and allowing third parties (e.g., Facebook, LinkedIn) to use certain cookies, eTags, pixels, web beacons, and other tracking technologies to track your activities on our Online Services and other online services. For more information about these activities and how to manage or opt out of them, please see our Cookie Notice.
• We may make customer offers to you based on your activities across different Online Services, including activities on other web or digital properties or your other interactions with us that are not via the Online Services (e.g., regional offers based on the location you provide us).
• We also perform statistical analyses of the users of our Online Services to improve the functionality, content, design, and navigation of the Online Services. 

Certain web browsers and other programs may transmit “opt-out” signals, also called a Global Privacy Control (or GPC) signal (we refer to these as “GPC Signals”), to websites with which the browser communicates. You may need to change your web browser’s settings or add an application to your web browser to enable your browser to send a GPC Signal.  Our Online Services may recognize GPC Signals for visitors differently, based on the location of the visitor when they access our Online Services.  For visitors that access our Online Services from U.S. states that have laws requiring recognition of GPC Signals, we will recognize and apply the GPC Signal to inactivate Targeted Advertising and Social Media Cookies; it will not inactivate cookies that are necessary for the Online Services to operate (“Required Cookies”) and Functional and Analytics Cookies.  For others, our Online Services may or may not recognize and apply the GPC Signal.  

For more information, please see our Cookie Notice.

Third-Party Service Providers. Third-party service providers acting on our behalf must execute agreements including confidentiality requirements and will only process Personal Data as necessary to perform their functions in a manner consistent with this Policy, other applicable privacy policies, and as explicitly permitted or required by applicable laws, rules, and regulations. Our third-party service providers may be located in the United States and other jurisdictions.

Our Online Services are affiliated with Optima Media S.L. ("Optima") for the purposes of placing advertising on some of our Online Services, and Optima will collect and use certain data for advertising purposes. To learn more about Optima's data usage, click here.

If you have downloaded one of our mobile applications, these third parties may include the mobile application marketplace (such as the Apple App Store or the Google Play Store) from which you downloaded the application. Please refer to your relevant marketplace’s privacy policy to understand how they collect and use your Personal Data.

Interactive Features of our Online Services. The Online Services may feature various community areas, message board, leaderboards, and other public forums (the “Public Areas”) where Service users with similar interests can share information and post questions for others to answer. These Public Areas include without limitation leaderboards where users participating in the same league can see the Pick Data and position of each user (by entry name) in the league’s standings relative to each other user (each, a “Leader Board”). You acknowledge and understand that you have no expectation of privacy or confidentiality in the content on the Public Areas of the Online Services, including the Leader Board. We cannot prevent Personal Data included within a Public Area from being used by third parties in a manner inconsistent with this Policy, the law, or your personal privacy. We are not responsible for the results of information posted in Public Areas or for the accuracy of any information contained in those postings. Except when required to do so by applicable law, we assume no obligation to remove Personal Data you post on our Online Services, and your disclosure of any Personal Data in Public Areas is at your own risk.

When using the Online Services, you may make your Personal Data available to another user (“Third-Party User”) of the Online Services.  For example, by participating in fantasy sports pools, you may make your email address or other Personal Data available to your fantasy sports pool commissioner.  Such Third-Party Users are responsible for their use of your Personal Data and any such Personal Data is subject to that Third-Party User’s privacy practices and privacy policy(ies), not this Policy.

Links to Other Online Services. Our Online Services may contain links to other websites, applications, products, or services that are not owned or operated by us. You should carefully review the privacy policies and practices of other websites, products, and services as we cannot control and are not responsible for privacy policies, notices, or practices of third-party websites, applications, products, and services.

Safeguarding Information. Consistent with applicable laws and requirements, we have put in place physical, technical, and administrative safeguards to protect Personal Data from loss, misuse, alteration, theft, unauthorized access, and unauthorized disclosure consistent with legal obligations and industry practices. However, as is the case with all websites, applications, products, and services, we unfortunately are not able to guarantee security for data collected through our Online Services. In addition, it is your responsibility to safeguard any passwords, ID numbers, or similar individual information associated with your use of the Online Services.

Your Rights Regarding Your Personal Data. Please note that in many circumstances, we cannot effectively do business with you without processing some Personal Data about you (e.g., your contact information). For example, when you contact customer service representatives, we may require you to provide information to authenticate your identity to assist you with your request. If you are unable to provide this information, we may be unable to process your request.

You may have a right under your area’s data protection law to the following rights with respect to some or all of your Personal Data:

• To request access or to know about the Personal Data we process about you or the third parties to whom we disclose your Personal Data or to request we acknowledge our processing of your Personal Data or a list of the categories of third parties to which your Personal Data has been disclosed (including under GDPR Article 15 and other relevant laws);
• To request that we correct or erase your Personal Data (including under GDPR Articles 16 and 17 and other relevant laws);
• To request that we restrict or block the processing of your Personal or Sensitive Personal Data (including under GDPR Articles 18, 21, and 22 and to object to the sale or sharing of your Personal Data under other relevant laws);

• This includes the right to opt-out of solicitations;

• To provide your Personal Data directly to another, i.e., a right to data portability (including under GDPR Article 20 and other relevant laws);
• When we previously obtained your consent, to withdraw consent to processing (including under GDPR Article 21 and other relevant laws);
• To opt out of sharing your Personal Data for cross-context behavioral or targeted advertising; and
• To lodge a complaint with the data protection authority in your area, or appeal the denial of a request.

For your protection, and to protect the privacy of others, we may need to verify your identity before completing what you have asked us to do.  We will take steps to verify your identity before completing your rights request. We may ask you to provide additional information, such as your name, home address, and email address. We cannot respond to your request if we cannot verify your identity or authority to make the request and confirm that the Personal Data relates to you.  We will only use Personal Data collected in connection with a verifiable consumer request to verify the requestor's identity or authority to make the request.

You may use an authorized agent to submit a request on your behalf. Your authorized agent must indicate that they are submitting the request as an agent. We may require the agent to provide proof that you gave permission to submit the request and may also require you to confirm with us that you provided the agent permission to submit the request or to verify your own identity directly with us.

You can make a request with respect to your Personal Data by contacting us by email at privacy@splashsports.com or by mail at Attn: Privacy, Certamen Games, LLC, 383 Corona Street, Unit #819, Denver, CO 80218.  We will make reasonable efforts to respond promptly to your requests in accordance with applicable laws. We may, after receiving your request, require additional information from you to honor the request and verify your identity. Please be aware that we may be unable to afford these rights to you under certain circumstances, such as if we are legally prevented from doing so.

Notice of Right to Opt Out of Sale/Sharing

You may additionally have a right under your area’s data protection law to opt out of the “sale” of your Personal Data or the sharing of your Personal Data for cross-context behavioral advertising. We may be considered to share and sell  your Personal Data through cookies for cross-context behavioral advertising and otherwise only to sponsors of sweepstakes or fantasy sports pools, and only when you enter into such sponsored sweepstakes or sponsored fantasy sports pools. To exercise these rights,  please see the “Your Rights Regarding Personal Data” section above or go to the Preference Center.  Please note that if you opt out of the sale of your Personal Data, you may not be eligible to participate in sponsored sweepstakes or sponsored fantasy sports pools.  

Transfer of Personal Data Across National Borders. Please be aware that Personal Data we collect and process may be transferred and maintained outside your state, province, country, or other jurisdiction where the privacy laws may not be as protective as those in your location, including the United States. We have put in place lawful transfer mechanisms and adequate safeguards, in accordance with applicable legal requirements, to protect your Personal Data.

How Long Your Personal Data Will Be Retained. We generally retain Personal Data for as long as needed for the specific business purpose or purposes for which it was collected. In some cases, we may be required to retain Personal Data for a longer period of time by law or for other necessary business purposes. Whenever possible, we aim to anonymize the information or remove unnecessary identifiers from records that we may need to keep for periods beyond the specified retention period. 

Changes to This Privacy Policy. We reserve the right to change this Policy from time to time. We will alert you when changes have been made by indicating the date this Policy was last updated as the date the Policy became effective or as otherwise may be required by law. It is recommended that you periodically revisit this Policy to learn of any changes.

Contact Us. If you have any questions or comments about this Policy or feel that we are not abiding by the terms of this Policy, please contact us in any of the following ways:

By email: privacy@splashsports.com 

By postal mail or courier:
Attn: Privacy
Certamen Games, LLC
383 Corona Street Unit #819
Denver CO 80218