Effective Date: July, 2019.
- Your Choices and Your CA Privacy Rights
- You have certain choices and options regarding information collection and communications as explained here, including:
- California residents have certain privacy rights detailed here;
- Although the Browns do not look for or respond to “do not track” signals, you can find information on tracking technologies here and certain choice options regarding Tracking Technologies here;
- Your options regarding accessing and changing certain of your Personal Information are available here;
- Your options regarding promotional communications are explained here; and
- Children’s and minors’ privacy rights, and notice to parents of these rights, are explained here.
- Collection of Information
- The Browns may ask you to provide Personal Information (e.g., name, address, e-mail, phone number, etc.), as well as other information (e.g., gender, interests, etc.), which may be required to access certain content, features, and functionality. More
- The Browns and third parties may collect information from you automatically as you access or use the Service (e.g., information about the devices you use to access the Service, your usage activities, and your device location). More
- The information the Browns receive via the Service may be combined with information the Browns receive from third parties and sources outside of the Service. More
- The Browns’ policies and practices regarding Personal Information collected from children are explained here.
- Use of Information
- Sharing of Information
- to deliver and improve the Browns’ services;
- for the Browns,’ our Affiliates,’ (defined below) and NFL Parties’ (defined below) marketing and other purposes;
- to third parties we think you might have an interest in; but we obtain your consent (e.g., opt-in, opt-out) before knowingly sharing Personal Information with third parties (other than Affiliates and NFL Parties) for their own direct marketing purposes.
- in connection with corporate transactions (e.g., merger or sale);
- to display your posts or send your messages (More);
- in connection with your use of third-party services (More); and
- in connection with sweepstakes, contests, promotions, benefit card and similar loyalty programs (More).
- The Browns may share your non-Personal Information and aggregate and/or de-identified information about you except as prohibited by applicable law.
- Questions and How to Contact the Browns
- Table of Contents
1. INFORMATION WE COLLECT.
A. Information about You that You Provide.
The Browns, and/or our Service Providers (defined below), may collect information you provide directly to the Browns and/or our Service Providers via the Service. For example, the Browns collect information when you use or register for the Service, subscribe to notifications, post on the Service, participate in promotional activities, or communicate or transact through the Service. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties. For more information on Third-Party Services’ data collection and practices click here. For more information on Service Provider data collection and practices click here.
EEOC / Affirmative Action Reporting.In conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission (“EEOC”), the Office of Federal Contract Compliance Programs (“OFCCP”) and similar state and local regulatory agencies, we may ask you to provide us with self-identifying information (such as veteran status, gender and ethnicity). Providing such self-identifying information is voluntary, but if you do provide us with such information, we may submit that information to the EEOC, the OFCCP and similar state and local regulatory agencies or otherwise use or disclose it for business-related purposes, including, without limitation, responding to information requests, fulfilling regulatory reporting requirements and defending against employment related complaints.
B. Information Collected Automatically. The Browns, our Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service (“Usage Information”). Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service, your device location and data regarding network connected hardware (e.g., computer or mobile device). Except to the extent required by applicable law, or to the extent Usage Information is combined by or on behalf of the Browns with Browns-Collected PI, the Browns do not consider Usage Information (including, without limitation, unique device identifiers) to be Personal Information or Browns-Collected PI. For more information on Third-Party Services’ data collection and practices click here. For more information on Service Provider data collection and practices click here. For information on choices some of these third parties may offer you regarding automated data collection click here.
The methods that may be used on the Service to collect Usage Information include:
- Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
- Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, in-app tracking methods and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.
Some information about your use of the Service and certain third-party services may be collected using Tracking Technologies across time and services and may be used by the Browns and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain third-party services. See Section 11 regarding certain choices regarding these activities.
We are giving you notice of the Tracking Technologies and your choices regarding them as explained in Section 11 so that your consent to encountering and being subject to them is meaningfully informed.
2. HOW WE USE THE INFORMATION WE OBTAIN.
- Allowing you to participate in the features we offer on the Service;
- Facilitating, managing, personalizing, and improving your experience;
- Publishing stories, comments, photos, and other information posted in online features;
- Sending you push notifications in order to update you about any events or promotions we may be running, content you may be interested in, or for other reasons;
- Transacting with you, providing services or information you request, responding to your comments, questions and requests, serving you content and/or advertising, and sending you notices;
- The Browns’, Affiliates’, and NFL Parties’ marketing and other purposes;
- Improving the Service and for any other internal business purposes;
- Tailoring our content, advertisements, and offers;
- Fulfilling other purposes disclosed at the time you provide Personal Information or for purposes that are otherwise legally permitted or required;
- Determining your location and managing digital content rights (e.g., territory restrictions); and
- Identifying, managing, preventing and/or addressing actual or potential fraud, breach of policies or terms, and threats or harm.
3. INFORMATION WE SHARE WITH THIRD PARTIES.
Subject to applicable law, the Browns may share non-Personal Information, and Personal Information that is not deemed Browns-Collected PI hereunder (provided that we are not aware of any restrictions on the Browns’ use), with members of the National Football League family of companies, including, without limitation, the National Football League, NFL Properties LLC, NFL International LLC, NFL Enterprises LLC, NFL Ventures, L.P., NFL Ventures, Inc., and the other members of the NFL Family (including NFL teams and their affiliates) (collectively “NFL Parties”), and/or our subsidiaries and affiliates (“Affiliates”) and unrelated third parties for any purpose. Without limiting the generality of the foregoing, we and third parties may convert your Personal Information (including Browns-Collected PI) to non-Personal Information by hashing it, substituting a unique identifier for the Personal Information, or other methods, and we and third parties may use and share that de-identified data as permitted by applicable law, including to match data attributes to and from other sources. Any such third party activities are subject to their privacy policies and practices. The Browns’ sharing of Browns-Collected PI is, however, subject to the following:
- Marketing: Subject to your communications choices explained in Section 11.D, and the rights of California residents explained here, we may use your Personal Information to send you marketing communications. However, absent your consent (which may be by means of opt-in, your election not to opt-out, or a third party interaction described in the next bullet point), the Browns will not share your Browns-Collected PI with third parties, other than Affiliates and NFL Parties, for their own direct marketing purposes, except in connection with Corporate Transactions (defined below).
- Your Disclosure or Consent: As more fully described in Section 5 (Information You Disclose Publicly or to Others) and Section 6 (Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics), your activities on the Service may, by their nature, result in the sharing of your Browns-Collected PI (as well as your other Personal Information and your non-Personal Information) with third parties and, by engaging in these activities, you consent to that sharing and other further sharing and disclosure to third parties. Such third party data receipt and collection is subject to the privacy and business practices of that third party, not the Browns.
- The Browns’ agents, vendors, consultants, and other service providers (collectively “Service Providers”) may receive, or be given access to, your information (including, without limitation, Personal Information, Demographic Information, and Usage Information) in connection with their work on the Browns’ behalf, provided that the Browns do not authorize such Service Providers to use the Browns-Collected PI to send you direct marketing messages absent your consent (which may be by opt-in or opt-out), with the exception of messages related to the Browns, our Affiliates, and NFL Parties. For more information on choices Service Providers may offer you click here.
- Sharing to comply with applicable law, law enforcement or other legal process, and, where permitted, in response to a government request; and
In addition, the Browns may share your Browns-Collected PI (as well as your other Personal Information and your non-Personal Information), in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of the Browns’ assets, or a transfer of all or a portion of the Browns’ business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding (“Corporate Transactions”).
4. PROMOTIONS AND BROWNS BENEFIT CARD PROGRAM.
- Those games and other events to which you purchase tickets and/or attend;
- Information related to purchases in-stadium or from a third party merchant that is a partner of the Browns, such as where and when such purchases are made and what was purchased;
- Survey responses and other survey information;
- Locations where Browns Benefit Card Program cards are used; and
- Similar information related to your preferences and choices with respect to the Browns, our partners, and our and their business activities.
For more information on the Browns Benefit Card Program click here.
5. INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS.
Additionally, the Service may offer you the option to send a communication to a friend or other contact. If so, the Browns rely on you to only send to people that have given you permission to do so. The recipient’s Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by the Browns for any other marketing purpose unless the Browns obtain consent from that person. Your contact information and message may be included in the communication.
6. THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS.
“Third-Party Service(s)” are websites, locations, platforms, applications or services operated by third parties and which are connected to the Services either via hyperlinks or inclusion on or other connection to the Services. Some of these Third-Party Services may be our licensees and use our branding, but are still independent third parties operating a service with their own terms and policies. Examples include ticket sellers such as Ticketmaster (see here) and merchandise vendors such as Fanatics (see here). You may be linked to some Third-Party Services via a window that displays the Third-Party Service while you otherwise remain on our Service. In such case, when you interact with the Third-Party Service within the window, you are no longer on our Service and are subject to the Third-Party Service’s policies and practices, even though the surrounding frame may look like you are still on our Service. These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you, and we are not responsible for your interactions with Third-Party Services even when you access them through a window open in connection with our Service.
Certain functionalities on the Service permit you to initiate interactions between the Service and certain Third-Party Services, such as third party social networks (“Social Features”). Examples of Social Features include: enabling you to send content (such as contacts and photos) between the Service and a Third-Party Service; “liking” or “sharing” the Browns’ content; logging into the Service using your Third-Party Service account (e.g., using Facebook Connect or Ticketmaster to sign-in to the Service); and to otherwise connect the Service to a Third-Party Service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service (see Section 5) or by the Third-Party Service that you use. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with the Browns, Affiliates or NFL Parties), your post may be used on or in connection with the Service or otherwise by the Browns, Affiliates or NFL Parties. Also, both the Browns and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.
We may engage and work with Service Providers and other third parties to serve advertisements on the Service and/or on Third-Party Services. Some of these ads may be tailored to your interests and may be based on your browsing of the Service and elsewhere on the Internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”). Such Interest-based Advertising may include sending you an ad on a third-party service after you have left the Service (i.e., “retargeting”).
7. DATA SECURITY AND MONITORING.
The Browns take reasonable measures to protect Browns-Collected PI (excluding public UGC) from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmissions via the Internet and online digital storage are not completely secure and we do not guarantee the security of your information collected through the Service.
8. INTERNATIONAL TRANSFER.
9. CHILDREN'S PRIVACY.
The Service is intended for a general audience and not directed to children less than thirteen (13) years of age.
The Browns do not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If we obtain knowledge that we have collected Children’s Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA.
Any California residents under the age of eighteen (18) who have registered to use the Service, and who posted content or other information on the Service, can request removal by contacting the Browns here. Such requests should detail where the content or information is posted and attest that you posted it. The Browns will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and other means or methods that the Browns do not control.
10. ACCESSING AND CHANGING INFORMATION.
The Browns may provide web pages or other mechanisms allowing you to delete, correct, or update some of the Browns-Collected PI and, potentially, certain other information about you (e.g., profile and account information). The Browns will make good faith efforts to make requested changes in the Browns’ then-active databases as soon as practicable, but it is not always possible to completely change, remove, or delete all of your information or public postings from the Browns’ databases (California minors see Section 9), and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained, except to the extent prohibited by applicable law.
11. CHOICES: TRACKING AND COMMUNICATIONS OPTIONS.
A. Tracking Technologies Generally. By selecting certain settings and using tools available as part of most commercial browsers, regular cookies may generally be disabled or removed and, in some instances, blocked in the future. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that your ability to limit browser-based Tracking Technologies when you revisit the Service is subject to your browser settings and limitations.
Some app-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer. Apple and Google mobile device settings include settings to limit ad tracking and other tracking, but these may not be completely effective.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. For specific information on some of the choice options offered by third-party analytics and advertising providers, see the next section.
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us or third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. The Browns support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (http://www.iab.net/media/file/ven-principles-07-01-09.pdf)*) and expect that ad networks the Browns directly engage to serve you Interest-based Advertising will do so as well, though the Browns cannot guarantee their compliance. The Browns are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
In addition, we may serve ads on third-party services that are targeted to reach people on those services that are also identified on one of more of our databases (“Matched List Ads”). This is done by using Tracking Technologies or by matching common factors between our databases and the databases of the third-party services. For instance, we may use such ad services offered by Facebook or Twitter and other Third-Party Services. We are not responsible for these Third-Party Services, including, without limitation, their security of data. If we use Facebook to serve Matched List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad or go to your account settings to find out what options Facebook offers you to control such ads. If we use Twitter Matched List Ads, you should be able to review your ad options in account settings on Twitter. We are not responsible for such third parties’ failure to comply with your or our opt-out instructions, as they may not give us notice of opt-outs to our ads that you give to them and they may change their options without notice to us or you.
C. Mobile Apps. With respect to the Browns’ mobile apps (“apps”), you can stop all collection of data generated by use of the app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain features (e.g., location-based services, push notifications, accessing calendar/contacts/photos, etc.), by adjusting the permissions in your mobile device and/or the app’s settings. Beware that if GPS precise location services are disabled, other means of establishing or estimating location (e.g., your connection to wi-fi or your proximity to wi-fi, Bluetooth, beacons, or our networks) may persist. However, see the prior section regarding the DAA’s mobile Interest-based Advertising choices. Opting out of mobile Interest-based Ads through the DAA includes an opt-out to location-based ads, and we expect that the Third-Party Service Providers we use will send location-based ads to look for and honor such DAA opt-outs, as well as Apple and Android app ad blocking settings. Opting-out of mobile Interest-based Ads does not mean you have opted-out of receiving push notifications from us on our apps.
D. Communications and Marketing. You can opt out of receiving certain promotional communications (emails or text messaging) from the Browns at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or, if applicable, by changing your communication preferences by logging onto your account; (ii) for text messages, following the instructions provided in text messages from the Browns or replying via text with the word, “STOP”; and (iii) for app push notifications, turning off push notifications on the settings of your device and/or the app, as applicable. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, the Browns may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or the Browns’ ongoing business relations. Contact us here to prospectively opt-out of our sharing of your Browns-Collected PI with entities other than Affiliates and NFL Parties and other than in connection with Corporate Transactions.
12. YOUR CALIFORNIA PRIVACY RIGHTS.
The Browns provide California residents with the option to opt-in or opt-out to sharing of “personal information” as defined by California’s “Shine the Light” law with third parties (other than Affiliates and NFL Parties) for such third parties’ own direct marketing purposes. By contacting the Browns here or by sending a letter to Cleveland Browns at 76 Lou Groza Blvd, Berea, Ohio 44017, (Attention: Legal Department), California residents may (a) exercise that opt-out, (b) withdraw a prior consent, (c) request information about the Browns’ compliance with the Shine the Light law and/or (d) obtain disclosure of (i) third parties with whom the Browns have shared information in accordance with the law for such third parties’ direct marketing purposes absent your choice and (ii) the categories of information shared. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that the Browns are only required to respond to one request per customer each year and are not required to respond to requests made by means other than through the provided e-mail address or mail address.
California minors should see “Children’s Privacy” at Section 9 regarding removal of certain content they have posted.
14. Third-Party Ad Serving and Audience and Traffic Measurement Services
We may use third-parties to serve advertisements on the Services. These third parties may set their own cookies or similar web technologies to collect information about users' online activities over time and across different websites. To manage your preferences you may opt out here http://preferences-mgr.truste.com/. The Services may feature Nielsen proprietary measurement software, which will allow users to contribute to market research, such as Nielsen TV Ratings. Nielsen believes that you should have a choice about whether to contribute to our research and insights. To opt out of Nielsen measurement, you need only to activate the "Limit Ad Tracking" (for iOS devices) or "Opt out of Ads Personalization" (for Android devices) option in your devices settings. For web, please visit: http://www.nielsen.com/digitalprivacy to learn more about the Nielsen digital measurement products and your choices in regard to them.
15. CONTACT THE BROWNS.
© Cleveland Browns Football Company LLC 2018. All Rights Reserved.
TABLE OF CONTENTS
Click on the links to navigate to the sections:
C. Mobile Apps