San Francisco 49ers Privacy Notice for Users Residing in the United Mexican States
Effective Date: May 20, 2023
The San Francisco 49ers organization, comprised by Forty Niners Football Company LLC, Forty Niners SC Stadium Company LLC, Forty Niners Stadium Management Company LLC and San Francisco Forty Niners Foundation (jointly or separately, "The San Francisco 49ers organization," "we," "our," "us") respects your privacy and values your trust and confidence. The San Francisco 49ers organization, with domicile at Av. Insurgentes Sur # 1855 – 503, Col. Guapalupe Inn, Ayuntamiento Alvaro Obregón, Ciudad de México, CP 01020 are controllers of your personal data, in terms of the Federal Law for the Protection of Personal Dara in Possession of Private Entities, its Regulations and related applicable provisions the law ("Law").
This privacy notice (the "Privacy Notice") applies to us, as well as to the data processors and third parties that carry out any processing of Personal Data (as defined below), on our behalf, as well as to our website and online services located at 49ers.com (including any mobile application or mobile version of the site) as well as any and all other websites operated by the San Francisco 49ers organization (collectively, the "Services"), and explains how we collect, use, disclose and secure Personal Data through the Services. It also describes your choices regarding use, access and correction of your Personal Data.
By using the Services, you agree to the terms of this Privacy Notice, represent and warrant that, on the date in which you provide the Personal Data, you are an individual of legal age (i.e., 18 years old) and, if applicable, that you are the parent or guardian of the underage individual whose Personal Data (as defined below) is provided, further expressly consenting to its use and processing, as provided herein. If you do not agree with this Privacy Notice, you cannot use the Services. Please note that this Privacy Notice does not apply to, and we are not responsible for, any information that is collected or obtained through sites or services that do not link to this Privacy Notice (including the online Team store) or information collected by the NFL or the other NFL member clubs (the "Member Clubs") or, in general, any third party. For more information, we encourage you to check their corresponding privacy policies or notices.
1. Types of Information That May Be Collected
To access and use the Services, we may ask you for some or all of the following types of information (collectively, the "Personal Data") when you register with our Services, or when you sign up for contests or sweepstakes, sign up for email subscriptions, use a send-to-friend feature, participate in surveys, access various content or features, submit comments or content, or directly contact us with questions or feedback:
- Contact information, such as name, e-mail address, postal address, and telephone number;
- Unique identifiers, such as a user name or password;
- Demographic information, such as gender;
- Communications preferences;
- Search queries;
- Comments and other information posted in our interactive online forums and/or in social networking services;
- Correspondence and other information that you send to us; and
- Favorite player.
We also may collect certain information automatically when you visit the Services, including:
- Your Internet Protocol (IP) address, which is the number automatically assigned to your computer whenever you access the internet and that can sometimes be used to derive your general geographic area;
- Other unique identifiers, including mobile device identification numbers;
- Your browser type and operating system;
- Sites you visited before and after visiting the Services;
- Pages you view and links you click on within the Services, including articles, videos, and photo galleries viewed;
- Your 49er-related activity on social networking services (see Section 4 (Social Networking Services) for more information);
- Information collected through cookies, pixel tags, and other similar technologies;
- Information about your interactions with e-mail messages, such as the links clicked on and whether the messages were received, opened, or forwarded;
- Geolocation information; and
- Standard web server log Information which may include request and response information (IP address, pages requested and served, date and time of requests and responses, cookies sent and set).
Cookies are small bits of code that are stored by your computer's web browser and that may automatically identify your browser to the Services whenever your computer is used to visit the Services. Pixel tags are very small images or small pieces of data embedded in images, also known as "web beacons" or "clear GIFs," that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device.
We may also automatically receive information when you interact with one of our venues or merchants and combine this data with information we already have about you. Such information may include your spending on the 49ers.com website or at an affiliate store. This helps us to update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you.
If you provide us personal information about others, for example, through a send-to-friend feature, we will only use that information for the specific reason for which it was provided to us. If you believe that one of your contacts has provided us with your personal information and you would like to request that it be removed from our database, please contact us at email@example.com.
2. Use of Information
We may use information that we collect through the Services for a variety of purposes, including to:
- Provide you with the products, promotions, services, newsletters, and information you request and respond to correspondence that we receive from you;
- Contact you via email and otherwise about your account, products, services, contests, and events that we think might be of interest to you;
- Send you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties;
- Provide, maintain, administer, or expand 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;
- Publish stories, comments, photos, and other information posted in our interactive online features; and
- Customize and personalize your use of the Services.
None of such purposes give place to, or are necessary for, the existence of a legal relationship between you and us (other than processing of Personal Data pursuant to this Privacy Notice). As such, you may use the mechanisms provided herein to state your refusal for the processing of Personal Data which does not give place to, or is necessary for, the existence of a legal relationship between you and us.
We may use aggregated information and/or other de-identified information with advertisers, sponsors or other organizations for any reason at our sole discretion.
3. Sharing of Personal Data
We are committed to maintaining your trust, and we want you to understand when and with whom we may share the Personal Data we collect. We will share your Personal Data with third parties only in the ways that are described in this Privacy Notice.
a) Service Providers: In order to maintain a legal relationship between you and us, and/or to comply with the terms thereof, we may share your Personal Data 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, develop our websites or mobile applications, or send communications for us). These service providers are authorized to use your Personal Data only as necessary to perform these services for us.
b) Subsidiaries and Affiliates: We may share your Personal Data with all members of the NFL family, including, without limitation, NFL Properties LLC, NFL International LLC, NFL Enterprises LLC, NFL Ventures, L.P., and NFL Ventures, Inc.
c) Select Business Partners: We may share your Personal Data 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 Personal Data shared with our third party business partners when you enter a contest or sweepstakes or elect to receive marketing offers or other information. If you do not elect to have your Personal Data shared, it will not be shared with such third parties. 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, which may use your information for their own purposes.
d) 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.
f) Interactive Features: You may share Personal Data 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, without any liability to us, as we do not decide on such processing of Personal Data. We cannot ensure that parties who have access to such information will respect your privacy. Please exercise caution when using these features.
Transfers of Personal Data mentioned in items a), e) and g) above, do not require your consent. However, the rest of the transfers do require your consent, and, as such, you may use the mechanisms provided herein to state your refusal for those remaining transfers of Personal Data.
Aggregate and De-identified Information: We may share aggregate information and/or other de-identified information (i.e., different to Personal Data), such as demographic and usage statistics, with advertisers, sponsors or other third parties for any reason at our sole discretion. We may also allow third parties to place and read their own cookies, pixel tags, and similar technologies to collect aggregate information and/or other de-identified information (i.e., different to Personal Data) through the Services. For example, our third-party service providers may use these technologies to collect information that helps us with traffic measurement, research, and analytics.
4. Social Networking Services
We have worked 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, Twitter, and others to share Personal Data about your experience on our Services with your friends and followers on those social networking services. These social networking services may be able to collect your IP address, your activities on our Services, and may set a cookie to enable the feature to function properly. These third-party social networking services may also 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 Personal Data 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 (e.g., Facebook, Twitter) to an account through our Services. This may allow you to use your credentials from the other site or service to sign in to access certain features on our Services. If you link your account from a third-party site or service, we may collect Personal Data from those third-party accounts, and any Personal Data that we collect will be governed by this Privacy Notice.
6. Links To Other Web Sites
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 Notice does not apply to this third-party content. We are not responsible for the privacy policies, practices or content of such other websites or online services. We encourage you to review the privacy policies of these third-party websites or services.
7. Mobile Application
When you download and use our mobile application, we automatically collect information on the type of device you use, operating system version, and the device identifier (or "UDID"). We may send you push notifications from time to time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level.
We collect your geolocation based information for the purpose of providing you relevant information based upon your location, including gameday information. We will only share this information with our mapping provider for the sole purpose of providing you this service. We may share your geolocation data with third parties, as provided herein, for promotional purposes or other purposes relevant to your location, including gameday information. If you do not wish to allow us to share your geolocation based information in this manner please opt-out by contacting us at firstname.lastname@example.org. You may opt-out of geolocation-based services at any time by editing the setting at the device level.
We use mobile analytics software to allow us to better understand the functionality of our mobile applications on your phone. 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 do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.
We may work in conjunction with third party partners, as provided herein, who may use technologies such as geofencing and beacons to identify fans attending a game, and contact fans via an in-app feature in order to provide a better stadium experience. To opt-out of geofencing, you may disable the app's location permissions on your device.
We have adopted reasonable and appropriate security procedures to help protect against loss, misuse, and unauthorized access to the Personal Data you provide to us. 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 Personal Data and privacy, we cannot guarantee or warrant the security of any Personal Data you disclose or transmit to the Services and cannot be responsible for the theft, destruction, or inadvertent disclosure of your Personal Data.
9. Minors' Privacy
Services are available only for individuals of legal age (i.e., over the age of 18). As such, minors are not allowed to use the Services. Under specific circumstances, the San Francisco 49ers Organization may receive limited Personal Data of minors (for example, name and date of birth) from their parents or guardians, whose adults shall provide their consent for the use and processing of such Personal Data of minors.
Consent of minors is obtained through the persons who exercise their custody or though their tutors, as applicable.
10. Changes To This Privacy Notice
We may amend this Privacy Notice at any time. Your continued use of the Services after any modification to the Privacy Notice will constitute your acceptance of the new terms. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Services prior to the change becoming effective. We encourage you to periodically review this page and our main website located at www.49ers.com for the latest information on our privacy practices. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY NOTICE, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.
You may receive promotional emails, newsletters, push notifications, 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 emails 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 your information changes, you would like to determine whether we hold Personal Data about you or, you no longer desire to use the Services, you may access, correct or request deletion of your personal information by signing into your account (if any) and making the required changes here.
12. ARCO Rights
You are entitled to exercise certain rights with respect to your Personal Data. The rights that any person may exercise, in relation to the processing of their Personal Data, are the following: (1) right of access, which is the right to obtain your Personal Data from us, as well as details regarding the conditions and generalities of our treatment of such information; (2) right of rectification, which is the right to request the correction of Personal Data in the event that such information is inaccurate or incomplete; (3) right of cancellation, which implies the cessation of the processing of your Personal Data by us; and (4) right of opposition, which is the right to oppose the processing of your Personal Data or demand we cease processing such information. Further, you may also revoke any consent given for the processing of your Personal Data.
Subject to certain limitations, you or your legal representative may exercise any of your rights of access, rectification, cancellation, or opposition (hereinafter, the "ARCO Rights") and revoke your consent for the processing of your Personal Data. You may exercise rights (1)-(3) here and right (4) here. Your request must include the information requested in the form.
If the information you submit along with your request does not comply with these requirements, we will notify you of this within 5 (five) business days and request the additional elements or documents we need to process the request. You will have ten (10) business days to respond to our request for additional information. If you do not respond within this timeframe, your request will no longer be considered.
After we receive a valid request, we will process it in accordance with the following procedure: (1) we will communicate our response to the request to you (or your legal representative, if applicable) within 20 (twenty) business days; (2) if the request is appropriate, it will be effective within 15 (fifteen) business days following the date on which the response is communicated; and (3) if we require more time to communicate our response or fulfill the request, we may extend such terms by an additional 20 (twenty) business days or 15 (fifteen) business days, respectively, as permitted by law.
It shall be at your election to carry out, through your own means, the registration process before the Public Registry of Consumers provided in the Federal Consumer Protection Law, as well as before any other registry whose purpose is to limit the use of personal data or the limitation of the use of the personal data in possession of private parties.
15. Contact Us
If you have any questions about this Privacy Notice or the privacy practices of the Services, please contact us by email at email@example.com.