Privacy Policy for SMS Texts – Gillette Stadium, Marketing & Events

Effective  January 25, 2022

Introduction

Kraft Sports and Entertainment LLC (“Company”, “us” or “we”) respects your privacy and is committed to protecting it through compliance with this SMS privacy policy (“policy”).

This policy describes the types of information we may collect from you or that you may provide when you use the SMS text messaging system (our “SMS System”) and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information, including information relating to you in identified or identifiable form (your “personal information”) we collect through the SMS System.

It does not apply to information collected:

• In e-mail and other electronic messages (other than SMS text messages) between you and us.
• Through mobile and desktop applications you download from websites which provide dedicated non-browser-based interaction between you and such website.
• When you interact with our advertising, mobile applications or desktop applications through third-party websites and services, unless such advertising or applications include links to this policy.
• By us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
• By any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on any website operated by Company or third party (including our affiliates and subsidiaries).

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our SMS System.   If you are an EU resident, you may choose to exercise certain other rights (see Provisions Applicable to European Union Residents).  If you are a resident of California, you may choose to exercise certain other rights (see Your California Privacy Rights).  By accessing or using the SMS System, you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy). Your continued use of our SMS System after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children

The SMS System is not intended for children under 13 years of age (or such legally required higher age of children being lawfully able to provide consent). No one under age 13 (or such legally required higher age) may provide any information to, through or on the SMS System. We do not knowingly collect personal information from children. If you are under 13 (or such legally required higher age), do not use or provide any information on the SMS System or on or through any of its features or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 (or such legally required higher age) without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child, please contact us at [email protected]

Information We Collect About You and How We Collect

We may collect several types of information from and about users of our SMS System, including personal information:

• by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline;
• that is about you but individually does not identify you; and/or
• about the equipment you use to access our SMS System and usage details.

We may collect this personal information:

• Directly from you when you provide it to us.
• Automatically as you interact with our SMS System. Information collected automatically may include usage details, device identification numbers (such as IP address if applicable), and information collected through cookies, web beacons, and other tracking technologies.
• From third parties, for example, our business partners.

Information You Provide to Us.

The information we collect on or through our SMS System may include:

• Information that you provide by filling in forms on our SMS System. This includes information provided at the time of registering to use our SMS System, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with or through our SMS System.
• Records and copies of your correspondence (including e-mail addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.

Information We Collect through Automatic Data Collection Technologies

• As you interact with our SMS System, we may use automatic data collection technologies to collect certain information about your equipment, actions and patterns, including details of your visits to our SMS System, including traffic data, location data, logs, and other communication data and the resources that you access and use on the SMS System.
• Information about your device and internet connection, including your device identification number.

The information we collect automatically is statistical data and does not typically include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our SMS System and to deliver a better and more personalized service, including by enabling us to:

• Estimate our number of users and usage patterns.
• Store information about your preferences, allowing us to customize our SMS System according to your individual interests.
• Recognize you when you return to our SMS System.

The technologies we or our affiliates or our respective contractors or service providers may use for this automatic data collection may include cookies or other tracking tools, for example to track a conversation you initiate.  If you do not want us to utilize these do not use the SMS System.

Information Collected by Google Analytics.

We or our affiliates or our respective contractors or service providers may use Google Analytics to understand how you make use of the SMS System and to ensure that it functions properly and for other purposes.

• The information about your use of SMS System, including your device identification number, may be transmitted to and stored by Google on servers in the United States or any other country in which Google maintains facilities. Google may use this information for the purpose of evaluating your use of the SMS Service and for other purposes.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google may combine information (including device identification numbers) obtained through its Google Analytics Premium and DoubleClick Bid Manager products to provide these services. By using this SMS Service, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
• If you do not want to have your information used by Google Analytics, do not use the SMS Service.

How We Use and Protect Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To provide our SMS System to you.
• To provide you with information regarding events at Gillette Stadium, including to provide you with information or services you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account regarding events at Gillette Stadium.
• To notify you about changes to our SMS System or any products or services we offer or provide through it.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates (an affiliate is any entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with us (including without limitation NPS LLC, KAGR LLC, New England Patriots LLC, and Kraft Soccer LLC d/b/a New England Revolution soccer club)) for purposes related to events at Gillette Stadium.
• To contractors, service providers, advisers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Company about our SMS System users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• To third parties, government or regulatory authorities in the context of disputes, litigation or investigations.
• For any other purpose disclosed by us when you provide the information.
• For any other purpose with your consent.

We may also disclose your personal information:

• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of service and other agreements.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company or its affiliated entities, their respective customers or others.

Choices about How We Use and Disclose Your Information

If you do not wish to have your personal information used as described in this Privacy Policy, do not use the SMS Service.

Accessing, Deleting and Correcting Your Information

To request access to or delete any personal information that you have provided to us, submit to us a Data Privacy Request Form. We cannot delete your personal information except by also deleting your user account. You may also send us an e-mail at [email protected] to correct any personal information that you have provided to us. We may not accommodate a request to access, delete, or change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your California Privacy Rights

California residents have additional privacy rights under the California Consumer Privacy Act, which are described in our California Consumer Privacy Act Notice.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.

Unfortunately, the transmission of information via text is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our SMS System. Any transmission of personal information is at your own risk.

Provisions Applicable to European Union (EU) Residents

The provisions below up to the section entitled “Changes to Our Privacy Policy” relate to residents of the European Union.  Under applicable data privacy laws, the Company may be a data controller and a processor with respect to your personal information.

Some of the personal information you provide to us may include health information or other sensitive or special categories of personal information (defined under applicable data privacy laws.)  We do not process sensitive or special categories of data without your express consent or otherwise as permitted by the data privacy laws.  We protect your personal information through appropriate technical and organizational security measures in compliance with applicable law.  Although we make good faith efforts to store the information we collect in a secure operating environment that is not available to the public, we cannot guarantee complete security.  Further, while we work to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.

Under applicable data privacy laws, our lawful processing grounds include consent, our legitimate interests in operating and improving the SMS System, public interest and contractual and legal necessity.  In particular, we process your personal information on the basis of our legitimate business interest pursued by the Company and its affiliates to manage any technical issues or support requests that may arise, to comply with our reasonable business-related obligations and requirements and to comply with our legal and contractual requirements.  Furthermore, our legitimate interests or those of a third party include our requirements to use your personal information in litigation or for our legal purposes involving the Company and /or its affiliates and may also include the need to transfer your personal information to countries without adequate data protection laws compared to those in your country of residence (including the United States where the Company is located).  In this event, we will take reasonable steps to protect your personal information as required by the data privacy laws.

Retention of Your Personal Information

We retain your personal information relating to the use of our SMS System for the duration of our business relationship and for up to seven years after our last communication for legal, regulatory, audit and tax requirements. Further, your personal information may be stored by Company or its designee (including without limitation a data warehouse or other storage system selected by Company) within the legal limitation period during which claims against the Company or its affiliates may be asserted. After this period has expired, your personal information relating to your use of the SMS System will be deleted.

Your Rights

You have certain rights regarding your personal information, as described below, which are subject to applicable data privacy laws:

• you have the right to access your data;
• you have the right to withdraw your consent at any time for personal information that is processed on consent (the withdrawal shall not affect the lawfulness of processing based on consent before its withdrawal);
• you may object to processing of your personal information;
• you have the right to request any correction of your personal data or that we delete your personal information;
• you have the right to request that we restrict the processing of your personal information (this may, however, compromise our ability to provide you with our goods and/or services); and
• you also have the right to request the transfer your personal information to another service provider, where required under applicable data protection laws, and following your written request to us, we will provide you with your relevant personal information in a machine-readable format to transfer to another service provider.

To exercise these rights, please contact us at: [email protected].

If you wish to raise a concern about how we have handled your personal information, you can contact us (details above) and we will investigate the matter and respond to you promptly. You can also raise your concerns with any competent data privacy authority in your country of residence.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page.  The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting this privacy policy to check for any changes.

Contacting the Company

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

1-800-466-5113
Kraft Sports and Entertainment LLC
One Patriot Place
Foxboro, Massachusetts, 02035, USA
Attn: Gillette Stadium, Marketing & Events SMS System Privacy Policy