PRIVACY POLICY

EFFECTIVE DATE: June 7, 2023

ATL Hawks, LLC (the “Hawks”) and its affiliated company Arena Operations, LLC d/b/a State Farm Arena (the Hawks and State Farm Arena, collectively, “we,” “our,” “us”) respects your privacy and values your trust and confidence. This privacy policy (the “Privacy Policy”) applies to our websites www.statefarmarena.com and www.hawksshop.com,  our mobile applications including the Atlanta Hawks and State Farm Arena mobile applications (“Mobile Apps”), and online services that link to or post this Privacy Policy, including but not limited to our pages and services on Facebook or other social media sites  (collectively, with the websites and Mobile Apps, the “Services”), and any other information you provide to us directly, and explains how we collect, use, and disclose information through the Services. By using the Services, you agree to the terms of this Privacy Policy. 

  1. Information Collection
  2. Use of Information
  3. Sharing Information
  4. Access/Choice/Retention
  5. Cookies and Similar Technologies
  6. Third-Party Services
  7. Security
  8. Data Retention
  9. Children’s Privacy
  10. Changes to This Privacy Policy
  11. California Privacy Rights
  12. International Users
  13. Contact Us

 

  1. Information Collection

When you interact with the Services, we collect data from you or other sources. This data may be information that you provide directly to us, such as personal information you provide when you visit the Services. For example, we may collect personal information when you register or create an account with our Services, sign up for contests or sweepstakes, sign up to receive email communications, use a send-to-a-friend feature, participate in surveys, access various content or features, submit comments or content, or contact us with questions or feedback. We also collect information that is passively or automatically collected from you, such as anonymous information collected from your browser or device. We may also collect personal data from sources including our affiliates, partners, vendors, data brokers and public sources.

  • Data we collect includes the following: Identifiers such as name, e-mail address, postal address, telephone number, and other similar contact information;
  • User credentials such as username, password, password hints and similar security information used to create an account and authenticate users of the Services;
  • Demographic data such as age, date of birth, gender, country and language preference;
  • Payment data such as credit card or other payment information and billing address;
  • Location data such as IP addresses received from your device;
  • Device data such as IP address, device type, mobile carrier, operating system, other software installed on the device, error reports, browser type, and standard server log information including Internet service provider, referring/exit pages, and time/date stamps, usage and performance data;
  • Internet or other electronic network activity information such as the programs and features you access, emails you open, content you engage with, the timing, frequency, and duration of your interactions through the Services, information collected through cookies, web beacons, local shared objects, and other technologies;
  • Commercial information such as products or services purchased, obtained, or considered, or other purchasing or consuming histories;
  • Biometric information, such as when you elect to use certain automated features at our facilities. We collect this information pursuant to your consent where required by law and may provide additional notice about relevant data handling practices;
  • Interest and preference information such as your favorite players, performers and communications preferences;
  • Third-party integrations and social media data from third-party services such as social media platforms when you connect your use of the Services through such platforms;
  • Communications such as correspondence and other information that you send to us, comments and other information posted in our interactive online forums;
  • Other third-party data, consisting of the categories above, collected from third-party sources outside of the Services, such as data from our affiliates, partners, vendors, data brokers, and/or public sources; and
  • Additional information as otherwise described to you at the point of collection or pursuant to your consent.
  1. Use of Information

We may use information that we collect through the Services for a variety of purposes.

Operating our business. We use the data we collect to operate our business, including providing, tailoring, and improving the Services. Specifically, to perform the following:

  • Create and maintain accounts and process your registration with our Services;
  • Fulfill transactions that you request;
  • Customize and personalize your use of the Services;
  • Deliver location-based Services and comply with territorial restrictions;
  • Conduct analysis on fan behavior to better understand our fans and how they use the Services, better serve you with relevant offers and content, and improve and expand the Services;
  • Maintain or administer the Services, perform business analyses, or for other internal purposes to improve the quality of our business, the Services, and other products and services we offer;
  • Diagnose and fix problems with the Services and provide customer support;
  • Publish stories, comments, photos, and other information posted in our interactive online features;
  • Process employment applications and inquiries;
  • Operate interactive features that you may choose to engage with, including allowing you to provide referrals for season tickets and our sending your referrals a one-time email inviting them to visit the site.

Communicating with you. We use the data we collect to communicate with you, including responding to your requests or inquiries. Specifically, to provide you with the following:

  • Responses to your direct requests or inquiries;
  • Products, newsletters, services, events and information that you request or that we think might be of interest to you, according to your subscriptions, alerts, and other preferences;
  • Information about your account, your use of the Services, or other transactions that you request.

Marketing and advertising. We use the data we collect for marketing or advertising purposes, on behalf of ourselves, our partners, and other parties who advertise on the Services. Specifically, to provide the following:

  • Promotional material, advertisements, or special offers about products, tickets, services, programs, events, promotions, sweepstakes, or contests, to you. These may be offered by, or on behalf of our marketing partners and their respective affiliates and subsidiaries and other third parties with whom we have a relationship. The promotional messages and advertisements you see may be determined by data we collect such as demographic data, location data, usage data, interests, and preferences. We refer to this as “interest-based advertising.”
  • Internal and market research, including identification of usage trends and determination of the effectiveness of marketing and advertising campaigns.

Security, compliance, and enforcement. We use the data we collect for security, legal, regulatory, compliance, and enforcement purposes. Specifically, to perform the following:

  • Protect the safety and security of our fans and Services;
  • Detect and prevent abuse, fraud, or other unlawful or authorized activities;
  • Resolve disputes;
  • Comply with legal and regulatory obligations;
  • Enforce our agreements, including the Terms of Use and our policies.

We may also use your data in any other manner disclosed at the time of collection, or when we have otherwise obtained consent. Please note this Privacy Policy is not intended to place any limits on what we do with aggregated, pseudonymized or anonymized data. We may also merge, comingle, or otherwise combine data about you, including personal information, in furtherance of the uses above. 

  1. Sharing of Information

We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect. We will share your personal information with third parties only in the ways that are described in this Privacy Policy.

  • Service Providers: We may share your information with service providers that perform certain functions or services on our behalf (such as to host the Services, fulfill orders, provide products and services, manage databases, perform analyses, process credit card payments, provide customer service, or send communications for us). We may share information with third parties, such as social networking platforms, so that they may send tailored communications on our behalf via their platforms. These companies are authorized to use your personal information only as necessary to provide these services to us.
  • Subsidiaries, Affiliates and the NBA: We may share your information with the subsidiaries and affiliates of ATL Hawks, LLC and Arena Operations, LLC, including but not limited to Arena Sports Marketing, LLC, CMWM, LLC, Skyhawks Holdings, LLC, Atlanta Hawks, L.P., Hawks Gaming, LLC, Hawks Ventures, LLC, Hawks Sustainability, LLC and Hawks Player Development Facility, LLC.  In addition, we may share your information with all members of the NBA Family, which means the National Basketball League (“NBA”), Women’s Basketball Association, NBA G-League, NBA 2K League, Basketball Africa League, their respective teams, and each of their respective affiliates.
  • Select Business Partners: We may share your information with select business partners so that they can provide you with special offers, promotional materials, and other materials that may be of interest to you. For example, you may be presented with an opportunity to have certain information shared with our third-party business partners when you enter a contest or sweepstakes or elect to receive marketing offers or other information. We take measures to help ensure that our partners protect the confidentiality, integrity, and security of any information we share with them. However, we are not responsible for the privacy practices of our business partners, who may use your information for their own purposes.
  • Third-Party Ad Serving and Audience and Traffic Measurement Services: We may use third parties to serve advertisements on the Services and traffic management services such as Google Analytics. These third parties may set their own cookies, web beacons, local shared objects, or similar web technologies to collect information through the Services about users’ online activities over time and across different websites. For example, our third-party service providers may use these technologies to collect information that helps us with traffic measurement, research, and analytics.
  • Business Transfer: If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, a business reorganization, or similar event, we may transfer your information as part of such transaction.
  • Administrative or Legal Process: We may disclose your information to third parties in order to protect the legal rights, safety, and security of our organization, our corporate affiliates, subsidiaries, business partners, and the users of our Services; enforce our Terms of Use; respond to and resolve claims or complaints; prevent fraud or for risk management purposes; and comply with or respond to law enforcement or legal process or a request for cooperation by a government or other entity, whether or not legally required.
  • Interactive Features: We may share information with third parties when you post information to a user profile or a public area of the Services, such as a chat room, forum, blog, or other community tool. If you post to these interactive features, it will be publicly available, and you may receive unsolicited messages from other parties. We cannot ensure that parties who have access to such information will respect your privacy. Please exercise caution when using these features.
  • With Your Consent: We may share your data for any other purpose as disclosed at the time of collection, when we have otherwise obtained consent, or when you direct us to share your information.
  • Aggregate Information: We may share aggregate, pseudonymized, or anonymized data, such as demographic and usage statistics, with third parties.
  1. Access/Choice/Retention

You have many choices about how we collect, use, and share your data.

Communications choices. You may choose to receive promotional emails, newsletters, and similar communications from us. You may opt out of receiving commercial emails from us by clicking on the opt-out or “unsubscribe” link included in the commercial e-mails you receive. You may opt out of receiving push notifications by turning off push notifications at the device level. Please note that opt-out requests may take some time to be effective. Your opt-out request will not apply to messages that you request or that are not commercial in nature. For example, we may contact you concerning any purchases you have made with us, even if you opt out of receiving unsolicited commercial email messages.

If you provided us with names and email addresses through our referral program, that information is stored solely to send referral program emails and track the success of our referral program. Anyone whose information you provided may contact us at sfaprivacy@hawks.com  to request that we remove this information from our database.

Advertising choices. You can opt out of interest-based advertising as described in this section and in the “Cookies and Similar Technologies” section of this Policy. When you opt out, your selection is stored on a cookie on your device. If you delete the cookie from that device or sign in from a different device, you will need to opt out again.

Because the data used for interest-based advertising is also used for other necessary purposes, including providing the Services and for authentication and security purposes, opting out of interest-based advertising does not stop the data from being collected or reduce the number of advertisements you will see. The data will not be used for interest-based advertising, however, which means the ads you see may be less relevant to you.

When using a mobile application, you may receive interest-based in-app ads. Depending on your device, you may be able to reset your mobile device’s advertising identifier at any time by accessing the privacy settings on your device. In addition, each operating system (e.g., iOS, Android, Windows) provides its own instructions on how to prevent the delivery of interest-based in-app ads. You may review the support materials and/or the privacy settings for the respective operating system in order to opt out of interest-based in-app ads. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact or review the applicable privacy page of the applicable platform operator.

Other choices. You also have choices about the data you provide directly to us when you register or use the Services. Please note, however, that if you choose not to provide data that is necessary to provide certain features of the Services, your use of the Services may not include those features.

You may opt-out of location-based services at any time by adjusting the setting on your device .

You may access, correct, or request deletion of certain information by signing into your account and making the required changes, by emailing Customer Support at sfaprivacy@hawks.com or by contacting us by telephone or postal mail at the contact information listed below. We will try to respond to your request within 30 days.

You can choose to limit the data that third-party services (e.g., social media platforms) share with us, as well as disconnect your use of the Services from the third-party service, by using the options provided to you by the applicable third-party service. Please note, however, that if you disconnect from the third-party service, that will not delete data we or the third-party service may have previously collected while you were connected.

  1. Cookies and Similar Technologies

We use cookies and similar technologies (collectively, “Tracking Technologies”) to provide the Services and collect data. In addition, third parties may also use Tracking Technologies when you use the Services; for example, if we engaged a third party to operate the Services, or because the Services contain content or advertisements delivered by third parties such as our marketing partners and affiliates. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis. These Tracking Technologies consist of the following:

  • Cookies are small text files unique to your device or browser. They can either be session-based (i.e., lasting only while your browser is open and deleted when you close our browser) or persistent (i.e., lasting until deletion or expiration). They may also identify your browser to the Services whenever your device is used to visit the Services.
  • Locally Shared Objects. Locally shared objects (“LSOs”), commonly called “Flash cookies,” are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player. Please note that you may need to take additional steps beyond changing your browser settings to refuse or disable LSOs and similar technologies. For example, LSOs can be controlled through the instructions on Adobe’s Setting Manager page.  
  • Web beacons. Web beacons are also known as “pixel tags” or “clear GIFs.” Web beacons are small pieces of code placed on a Service to collect data about users visiting a webpage, including the existence of cookies, the time and date a page is viewed, a description of the page where the web beacon is placed, and similar information from your device.
  • Software development kits. Mobile software development kits (“SDKs”) are bits of computer code used by mobile app developers to enable or enhance various features of a mobile app.  For example, an app developer may include an SDK within a mobile app that enables advertisements to be shown, data to be collected, and related services or analytics to be performed in connection with the mobile app.

We use Tracking Technologies for the following purposes:

  • Sign in/authentication. When you sign into your account to use the Services, we use Tracking Technologies to store your sign-in information. This allows the Services to remember your user preferences and give you a more tailored experience based on those preferences.  It also allows you to use the Services without having to sign in on each page or each time you return.
  • Detect fraud and abuse of the Services, including attempts to access the Services without authorization.
  • Gather usage and performance data about the Services, including counting the number of unique visitors to a particular Service, gathering demographic information about our user base as a whole, and analyzing trends.
  • Track how many users have seen or clicked on an advertisement. This allows us to learn which ad campaigns are most effective and help limit the number of times the same ad is shown to a user.
  • Interest-based advertising. We use Tracking Technologies to collect information about your interests so that we can deliver advertising that is most relevant to your interests.
  • Tailored Services. We use Tracking Technologies to collect information about how you use the Services so we can tailor your experience based on what is most relevant to your interests.

In some cases, we may work with third parties (for example, third party operators of the Services) to synchronize our unique, anonymous identifiers (such as those associated with Tracking Technologies) with the third party’s own identifiers. This enables us to better achieve each of the purposes described above.

Managing Tracking Technologies.

By using the Services, you consent to our use of cookies and similar technologies. You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. However, if you choose to reject cookies and similar technologies, you may not be able to use certain online products, services or features on the Services.

We may use LSOs to store content information and preferences. We may partner with third parties to provide certain features on our Services or to display advertising based upon your Web browsing activity, and these third parties may also use LSOs to collect and store information. Various browsers may offer management tools for removing HTML5 LSOs.

 

We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone and provide enhanced services to you. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We will link the information we store within the analytics software to personally identifiable information you submit within the mobile application to provide enhanced services to you, such as special offers and a tailored fan experience.

 

You may opt out of interest-based advertising from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative by visiting those organizations’ websites.

 

  1. Third-Party Services

The Services may contain links to other websites or online services that are operated and maintained by third parties and that are not under the control of or maintained by us. Such links do not constitute an endorsement by us of those other websites, the content displayed therein, or the persons or entities associated therewith. This Privacy Policy does not apply to this third-party content. We encourage you to review the privacy policies of these third-party websites or services.

We work with certain third-party social media providers to offer you their social networking services through our Services. For example, you can use third-party social networking services, including but not limited to Facebook, Instagram, and Twitter, to share information about your experience on our Services with your friends and social media followers. Our Sites may include social media features, such as the Facebook Like button, Widgets, Share button, or interactive mini-programs. These social networking services may be able to collect information about you, including your activity on our Services. These third-party social networking services also may notify your friends, both on our Services and on the social networking services themselves, that you are a user of our Services or about your use of our Services, in accordance with applicable law and their own privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.

You also may be able to link an account from a social networking service to an account through our Services. This may allow you to use your credentials from the other site or service to sign in to certain features on our Services. If you link your account from a third-party site or service, we may collect information from those third-party accounts, and any information that we collect will be governed by this Privacy Policy.

  1. Security

We have adopted security procedures to help protect against loss, misuse, and unauthorized access to the information you provide to us. For example, we store your data on systems that have limited access and are maintained in controlled facilities. We also use, and require our vendors to use, industry standard security protocols when processing any payments for your use of the Services. Please note, however, that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to the Services and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information. 

  1. Data Retention

We will retain your information only for as long as reasonably necessary for the purposes set out above, considering criteria such as applicable rules on statute of limitations, legal obligations, resolve disputes, enforce our agreements and the duration of your use of our website and receipt of our Services. 

  1. Children’s Privacy

The Services do not knowingly collect, use, or disclose personal information from children under the age of 13, except as permitted by the Children’s Online Privacy Protection Act (“COPPA”).  If we are made aware that we have collected personal information from a child under 13 years old in a manner that is inconsistent with COPPA, we will delete this information as soon as possible. 

  1. Changes to This Privacy Policy

We may amend this Privacy Policy at any time. Your continued use of the Services after any modification to the Privacy Policy will constitute your acceptance of the new terms. If we make changes, we will post any changes on this page and indicate the date on which the Policy was last revised. We may, in our discretion also notify you by email at the e-mail address specified in your account. We encourage you to periodically review this page for the latest information on our privacy practices.  

  1. California Privacy Rights

This section supplements our Privacy Policy with additional information for California residents. In accordance with the California Consumer Privacy Act (“CCPA”), California residents have the right to request that we disclose the following information about our collection and use of personal information over the twelve months prior to your request:

  • Categories of personal information we collect about you;
  • Categories of sources for the personal information we collect about you;
  • Our business or commercial purpose for collecting or selling that personal information;
  • Categories of third parties with whom we share that personal information;
  • Specific pieces of personal information collected about you;
  • If we disclosed your personal information for a business purpose, a list of categories of personal information we have disclosed in the prior twelve months;
  • If we sold your personal information for a business purpose, a list of categories of personal information we have sold in the prior twelve months.

You also have the right to request that we delete any of your personal information. In some instances, we may not be able to honor your request for deletion; for example, if we must maintain your information to protect the security or functionality of our operations, to service your account, or to comply with legal obligations.

To ask for a record of the information we hold about you, or correct or delete your information, please send an email to sfaprivacy@hawks.com or call us at (866) 715-1500. You must provide enough information about your identity and that you are a California resident, and we may request further information to verify your request.

You also have the right to direct us not to sell your personal information at any time. As set forth in this Privacy Policy, we disclose the categories of personal information described above to third parties for business purposes, including without limitation, for purposes of advertising, marketing, and other services performed on our behalf, to protect against fraud and malicious activity, and for other business purposes described in this Privacy Policy. During the preceding twelve months, we have disclosed each of the above-listed categories of personal information for such business purposes. In addition, your information may be accessible to third parties with whom you interact or direct us to share your information through our services.

You may submit a request to opt out of the sale of your personal information by sending an email to sfaprivacy@hawks.com. You must provide enough information about your identity and that you are a California resident. We have sold the following categories of personal information within the last twelve months: personal identifiers, commercial information, Internet/other electronic network activity information, geolocation data, characteristics of protected classifications, and inferences drawn from this information.

You have the right to designate an authorized agent to make any of these requests under the CCPA on your behalf. We will not deny services, charge different prices, offer a different quality of service or otherwise discriminate against you for exercising your rights under the CCPA.

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to sfaprivacy@hawks.com or write us at:

Arena Operations, LLC
101 Marietta Street, Suite 1900
Atlanta, Georgia 30303
Attn.:  SFA Website Privacy

In some cases, third parties may be able to collect information about a user’s online activities over time and across different websites when that individual uses our Services.

Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, we currently do not take action in response to these signals. If and when a final standard is established and accepted, we will reassess how to respond to these signals.

  1. International Users (not including EU users)

Please note that the Services are directed towards users who reside in the United States. By using the Services, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States. While some of these countries may not offer the same level of privacy protection as your own, we commit to uphold the privacy protections as explained in this Policy.

Additional Information for EU Users

If you are resident in the EU, you are entitled to certain rights under the General Data Protection Regulation (“GDPR”). The following notice applies only to EU residents who use the Services.

Our lawful bases for the use of your personal information include consent, necessity to process your personal information in order to fulfill the terms of any contract we make with you, our legitimate interest in engaging in commerce, offering products and services of value, preventing fraud, ensuring information and network security, direct marketing and complying with industry practices, and any other applicable lawful basis.

Please note that if you use the Services, we will transfer your personal information to the United States and by using the Services you give your agreement to such transfers. The European Commission does not consider that the United States provides adequate protection for personal information. For such transfers, we take necessary measures to ensure that your personal information receives an adequate level of protection. However, if you do not wish your personal information to be transferred to the United States, you should not use the Services.  For further information about international data transfers, please contact us using the contact details in the “Contact Us” section below.

In accordance with GDPR, EU residents who use the Services have the following rights:

  • If the processing of personal data is based on your consent, you have the right to withdraw consent for future processing of that data. For personal information we collect on our website you may withdraw your consent by suspending your account or requesting that we delete your personal information by contacting us using the details below.
  • You have the right to request from us access to and rectification of your personal information.
  • Subject to limitations as provided in the GDPR, you have the right to erasure of past data about you (your “right to be forgotten”).
  • Subject to limitations as provided in the GDPR, you have the right to request restriction of the processing of your personal information, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, are processing, or believe your personal information is inaccurate.
  • Subject to limitations as provided in the GDPR, you have the right to data portability of personal information concerning you that you provided to us in a structured, commonly used, and machine-readable format.
  • You have the right to complain to a data protection supervisory authority in your country.

To exercise any of the above-listed rights (with the exception of the right to complain to a data protection authority in your country) please contact us using the details in the Contact Us section below. We will process any requests in accordance with applicable law and within a reasonable period of time. We may need to verify your identity before processing your request.

  1. Contact Us

If you have any questions about this Privacy Policy or the privacy practices of the Services, please contact us by email at sfaprivacy@hawks.com or by regular mail at:

Arena Operations, LLC
101 Marietta Street, Suite 1900
Atlanta, Georgia 30303
Attn:  SFA Website Privacy.