Last Updated: November 10, 2023
COLLECTION OF PERSONAL INFORMATION
- Contact information, such as your first and last name, email address, phone number, mailing address, and social media handle.
- Professional information, such as your job title, your organization’s name and location, and related details about your business or profession.
- Account information (if applicable to the Services), such as your log-in details, information that you store in your account, information you provide during registration, ticket holder status, fan profile information, and other details about your use of the Platform.
- Payment information, such as payment amounts and payment methods used to complete transactions, including in-venue or through ticket platforms and box offices. Payment processing services connected with your use of the Platform may be provided to you by us or a third-party payment processor.
- Transaction history, such as records of Products and Services you have purchased from us, our Related Entities, or Event Partners, including ticket purchase data, in-venue data (e.g., time spent and use of WiFi), and other details about your transactions through the Platform or at an Event. Certain of this information may be captured through the use of digital ticketing or RFID technologies.
- Demographic information, such as gender, age/date of birth, household income, marital status, military or veteran status, education, occupation, lifestyle, and employment history.
- Preferences, such as any marketing or communications preferences, language preferences, team preferences, fan engagement, Content preferences, purchasing behavior, consumer research information (e.g., concert genre affinities), and details about how you engage with our communications or the Platform.
- Survey responses, such as the information you provide in response to our surveys, questionnaires, sweepstakes, or contests.
- Online activity information, such as the website you visited before browsing to the Platform, pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.
- Device information such as your computer or mobile device operating system type and version number, wireless carrier, manufacturer and model, browser type, screen resolution, IP address, unique identifiers, specific geolocation, and general location information such as city, state, or geographic area.
- Communications, such as the information associated with your requests or inquiries, including for support, assistance, or Event rental/licensing information, and any feedback you provide when you communicate with us. We and our service provider may also record or monitor any call or chat you have with us for quality control or training purposes, or to enforce our rights.
We may also collect or create de-identified information from personal information in a manner that it cannot reasonably be used to infer information about, or otherwise be linked to, a particular individual. To the extent that we classify such information as “de-identified,” we commit to maintaining and using such information in a de-identified form and to not attempting to re-identify such information (except for purposes permitted by law).
Sources of Personal Information. We obtain personal information from a variety of sources, including the following sources:
- Personal information you provide. Memphis Basketball collects personal information when you voluntarily submit it to us, including through offline interactions, such as attending an Event or visiting FedExForum, or when you fill out a form on the Website, participate in a survey or sweepstakes, or communicate with us.
- Cookies, which are text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
- Flash cookies, or locally-stored objects, which are used on websites for purposes similar to cookies but allow storage of a larger amount of data.
- Web beacons, also known as pixel tags or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns.
- Local storage, which is used to save data on a visitor’s device. We may use data from local storage to, for example, turn on web navigation, store multimedia preferences, customize what we show you based on your past interactions with our Platform, and remember your preferences.
- Session replay technologies, which are third-party software used to record a video replay of Users’ interactions with the Website. The video replay may include Users’ clicks, mouse movements, scrolls, mobile app touches, typing, and other activity taken during the session. We may use these replays for research and development purposes, such as to help us troubleshoot problems with the Website, understand how Users interact with and use the Website, and identify areas for improvement.
- Software development kits, or SDKs, which are third-party computer codes used in connection with our App for a variety of purposes, including to provide us with analytics regarding the use of our App, to add features or functionality to our App, or to facilitate online advertising. SDKs may enable third parties to collect information directly via our App.
- Personal information obtained from third parties. In some circumstances, we may collect personal information about you from third party or publicly available sources, such as our Event Partners, service providers, data analytics partners, operating systems and platforms, social media platforms, and data licensors. We may merge or combine such personal information with the personal information we collect from you directly or automatically.
- Referrals. Users of our Platform may have the opportunity to refer to us prospective attendees, colleagues, friends, or other contacts and share their contact information and other personal information with us. Please do not provide us with someone’s personal information unless you have their permission to do so.
USE OF PERSONAL INFORMATION
To provide the Platform or Event. We may use personal information to operate our business. For example, we use personal information to:
- process your transactions, including purchasing Products or in-person services when you visit FedExForum or attend an Event;
- establish, manage, monitor, and maintain your account;
- improve and personalize your experience on or with the Platform or at an Event;
- verify your identity for authentication and security purposes, or determine your eligibility for offers and promotions;
- help us return lost property to its rightful owner;
- manage access to specific areas at FedExForum or at an Event;
- to provide you with appropriate services (for example, accessibility needs or dietary preferences at an Event);
- communicate with you, including providing notices about an Event or your purchase or transaction, and responding to any of your requests, feedback, or questions;
- manage affiliated sports clinics, competitions, and other community events;
- provide any contests, surveys, sweepstakes, or other promotions you participate in;
- provide maintenance and support; and
- fulfill any other purpose for which you provide personal information.
Research and development. We use personal information for research and development purposes, including to study and improve the features and functionality of our Platform and our business, understand and analyze the usage trends and preferences of our Users, and develop and improve our Content and Services. As part of these activities, we may create aggregated, de-identified, or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes.
Direct marketing. We may send you Memphis Basketball-related or other direct marketing communications as permitted by law, including materials, updates, information, special offers, and promotional material from us, our Related Entities, and our Event Partners. You may opt-out of our marketing communications as described in the “YOUR CHOICES” section below.
To comply with laws and regulations. We will use personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
For compliance, fraud prevention, and safety. We may use personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) maintain the safety, security, and integrity of the Platform, the Event, and our business, databases, and other technology assets; (b) protect our, your, or others’ rights, privacy, safety or property (including by making and defending legal claims or in response to health emergencies or an incident at FedExForum or at an Event); (c) audit our internal processes for compliance with legal and contractual requirements and internal policies; (d) enforce the terms and conditions that govern the Platform, your transaction, or attendance at FedExForum or at an Event; and (e) prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
With your consent. We will disclose your personal information in accordance with your prior direction or, in some cases, we may specifically ask you for your consent to collect, use, or share your personal information, such as when required by law.
SHARING OF PERSONAL INFORMATION
Event Partners. We may share your personal information with Event Partners to provide an Event, such as third-party ticketing platforms or box offices, venue owners, facility operators and management companies, sponsors, performers, promoters, concession or retail vendors, and other third parties that can provide added value to the Event. In certain circumstances, you may direct us to disclose your personal information to or interact with these Event Partners as part of attending an Event, visiting the respective venue or facility, or making a purchase. However, in other cases, these Event Partners may also receive your personal information from us because we think their products or services may be of interest to you.
Service providers. We may share your personal information with third parties who perform services on our behalf that are necessary for the orderly operation of our business, the Platform, or an Event. For example, we work with service providers that help us perform website hosting, e-commerce, payment processing, ticket fulfillment, maintenance services, database management, analytics, fraud protection, marketing, customer relationship management, finances, and other purposes.
Advertising partners. We may share personal information with third parties who we partner with for advertising campaigns or that collect information about your activity on the Platform for the purposes described in the “Interest-Based Advertising” section above.
Sweepstakes and joint marketing partners. We may also share your personal information with other partners in order to provide you with content and other features through the Platform, and such partners may send you promotional materials or otherwise contact you regarding products and services that they offer. When you choose to enter a contest or sign up for a sweepstakes, we may share the personal information you provide as part of the offer with the named co-sponsors or other third parties affiliated with such offer.
Other Users and the public. You may be able to submit content to the Platform (such as comments, questions, stories, reviews, surveys, blogs, photos, and videos), or may win a contest/sweepstakes that we may publicly post, and we may identify you by displaying information such as your name, username, or social media handle along with the content you submit. By attending FedExForum or an Event, you may be captured by video which may be shared publicly. We do not control how other Users or third parties use any personal information that you make available to other Users or the public.
Professional advisors. We may share personal information with persons, companies, or professional firms providing Memphis Basketball with advice and consulting in accounting, administrative, legal, tax, financial, debt collection, and other matters.
Law enforcement, government authorities, and privacy parties. Under certain circumstances, we may be required to disclose personal information to law enforcement, government authorities, and other parties if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency). We may disclose personal information in the good faith belief that such action is necessary to comply with a legal obligation or for the purposes described above in the section titled “For compliance, fraud prevention, and safety.”
Business transaction participants. We may disclose personal information to third parties in connection with any business transaction (or potential transaction) involving a merger, acquisition, sale of shares or assets, financing, consolidation, reorganization, divestiture, or dissolution of all or a portion of our business (including in connection with a bankruptcy or similar proceedings).
INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
Memphis Basketball is based in the United States, and we have service providers in the United States and potentially other countries. Your personal information may be collected, used, and stored in these countries or other locations outside of your home country. Privacy laws in the locations where we handle your personal information may not be as protective as the privacy laws in your home country. By providing your personal information, where applicable law permits, you specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein.
SECURITY OF PERSONAL INFORMATION
No method of transmission over the internet, or method of electronic storage, is fully secure. While we use commercially reasonable efforts to protect your personal information from the risks presented by unauthorized access or acquisition, we cannot guarantee the security of your personal information.
Cookies. Most browsers let you remove or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Platform and our Website may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.
Analytics. We use Google Analytics to help us analyze how our Website is being accessed and used. You can learn more about Google Analytics cookies by clicking here and about how Google protects your data by clicking here. To opt-out of Google Analytics, you can download and install the Google Analytics Opt-out Browser Add-on, available here.
Many of the opt-out preferences described in this section must be set on each device or browser for which you want them to apply. Please note that some of the advertising companies we work with may not participate in the opt-out mechanisms described above, so even after opting-out, you may still receive interest-based advertisements from other companies. If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.
Do Not Track. Some browsers may be configured to send “Do Not Track” signals to the online services that you visit. The Website currently does not respond to “Do Not Track” signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
THIRD PARTY SITES AND SERVICES
Our Platform may contain links to other websites, apps, and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are not associated with us. We do not control third party websites or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use, and sharing of your personal information. We encourage you to read the privacy policies of the other websites and online services you use.
NOTICE TO CALIFORNIA RESIDENTS
- Identifiers, such as contact information and referral information.
- Customer Records, such as account information, payment information, transaction information, and communications.
- Protected Classifications, such as demographic information.
- Commercial Information, such as account information, transaction information, preferences, and survey responses.
- Internet or Network Activity, such as the online activity information and device information.
- Audio, Electronic, Visual, or Similar Information, such as recorded customer service calls and chats and video surveillance and RFID technologies in-venue.
- Professional Information.
- Inferences, such as inferences drawn from the personal information identified above to create a profile reflecting your preferences, characteristics, behavior.
- Sensitive Information, specifically, precise geolocation collected via the App pursuant to your consent.
We may collect these categories of personal information as described in the section titled “Sources of Personal Information.”
The purposes, including the specific business and commercial purposes, for which we collect and use these categories of personal information are described in the section titled “USE OF PERSONAL INFORMATION.”
The CCPA defines a “sale” of personal information to mean when a business discloses a California resident’s personal information to a third party for monetary or other valuable consideration. Where a business discloses personal information for purposes of cross-context behavioral advertising, whether or not for monetary or other valuable consideration, it qualifies as “sharing” under the CCPA.
Retention of Personal Information.We will retain your personal information for as long as necessary to fulfill the purpose of collection, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish and defend legal claims, for fraud prevention purposes, or as long as required to meet our legal obligations. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
- Right to Know/Access. You can request the following information about how we have collected and used your personal information:
- the categories of personal information we collected;
- the categories of sources from which we collected personal information;
- the business or commercial purpose for collecting, selling, or sharing (as applicable) that personal information;
- the categories of third parties with whom we disclose personal information; and
- a copy of the personal information that we collected about you.
- Right to Delete. You can request that we delete the personal information we collected from you.
- Right to Correct. You can request that we correct inaccurate personal information that we maintain about you.
- Right to Opt-Out of Sales/Sharing. If we “sell” or “share” your personal information, you can opt-out.
- Right to Limit.You have the right to ask us to limit the use or disclosure of your sensitive personal information to only certain business purposes set forth in the CCPA.
- Right to Nondiscrimination. You are entitled to exercise the rights described above without receiving discriminatory treatment.
How to Exercise Your Rights. You may exercise the rights described above as follows:
If you direct us not to sell/share your personal information, we will consider it a request pursuant to California’s “Shine the Light” law to stop sharing your personal information covered by that law with third parties for their direct marketing purposes.
We reserve the right to confirm your California residence to process your requests and will need to confirm your identity to process your requests to exercise your right to know/access, delete, and correct. This is a security measure to, for example, help ensure we do not disclose information to a person who is not entitled to receive it. The identity verification process may vary depending on how you submit your request.
Consistent with California law, you may designate an authorized agent to make a request on your behalf. If you do so, we may require proof of your identification, the authorized agent’s proof of identification, and any other information that we may request in order to verify the request, including evidence of valid permission for the authorized agent to act on your behalf. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive.
We try to respond to all legitimate requests to know/access, delete, and correct within 45 days of your request. Occasionally it may take us longer than 45 days to respond, for instance if your request is particularly complex or you have made a number of requests. In this case, we will notify you of the delay, and may continue to update you regarding the progress of our response.
NOTICE TO NEVADA RESIDENTS