Privacy Policy

Last update posted: 1 February 2022

1.1 Fitzdares Canada Limited (“Fitzdares, we, us”) is committed to protecting and respecting your privacy of its customers (“you” or “users”). This policy sets out the basis on which any personal information we collect from you, or that you provide to us will be processed by us. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it. By accessing and using the Service which is made available via our website located at Fitzdares.ca, Fitzdares.com (collectively, the "Site") or through our apps, or any mobile versions thereto or by continuing to use our Service (the “Service”) you are accepting and consenting to the practices described in this Privacy Policy.

1.2 This Site and the Service are being offered by Fitzdares as part of the open and regulated iGaming market conducted and managed by iGaming Ontario (http://www.igamingontario.ca/en). In the course of providing the services (i) Fitzdares collects, uses and discloses personal information on behalf of and as agent to iGaming Ontario; and (ii) Fitzdares collects personal information in accordance with Freedom of Information and Protection of Privacy Act (“FIPPA") and other applicable privacy laws, and under the authority of Ontario Regulation 722/21 made under the Alcohol and Gaming Commission, and the operating agreement entered into between Fitzdares and iGaming Ontario.

1.3 This Privacy Policy should be read in conjunction with our Terms of Use. By accessing the Service, you understand and agree that your personal information will be collected, used and otherwise treated in accordance with practices described in this Privacy Policy. “Personal information” means information about an identifiable individual and includes any information that constitutes personal information within the meaning of FIPPA and other applicable privacy laws.

1.4 Your use of the Service and any information you provide through the Service remains subject to the terms of this Privacy Policy and our Terms of Use, as each may be updated from time to time at any time at our discretion. Your continued use of the Website and Service following posting will constitute your acceptance of such changes. In circumstances where material changes are made to this Privacy Policy, you will be asked to actively accept the updated version. This Privacy Policy will not apply to websites which are linked to the Fitzdares Website and over which Fitzdares has no control.

2. Information We Collect

2.1 By using our Service and by submitting information to us through your use of our Service then this Privacy Policy will apply. You provide certain personal information to Fitzdares when choosing to participate in the various activities on the Service such as registering for an account, placing wagers and/or opting into promotions.

The personal information we collect from you generally may include:

2.1.1 your full name;

2.1.2 email address;

2.1.3 date of birth;

2.1.4 bank account or credit card billing information;

2.1.5 username;

2.1.6 occupation;

2.1.7 your preferences;

2.1.8  if you opt-in to receive promotions and newsletters;

2.1.9 responses to surveys;

2.1.10 photographs or images

2.1.11 Your betting information with us (including self-exclusion and responsible gambling information)

2.1.10 communications sent to us by you by email and live chat;

2.1.12 location-based information. Our Service uses location-based services in order to locate you so we may verify your location to ensure compliance with legal and regulatory requirements.

2.2 In addition to the above, we will need to verify your identity in order for you to use some aspects of the Service. For such purposes we (or our third-party verification provider) will verify your identity with a credit bureau and access your credit file (only for identification verification and not as a credit check).  This will not affect your credit score.  We may also collect the following personal information from you (for compliance reasons, provision of this information, when requested, is a mandatory condition of using our Service):

2.2.1 passport information;

2.2.2 drivers license information;

2.2.3 permanent and temporary address;

2.2.4 tax-related information; 

2.2.5 other identification documents, such as, a utility statement, bank statement, or marriage license, and the number associated with that information; and

2.2.6 other information as may be required to verify you in accordance with applicable laws and regulations

2.3 We will collect certain of the above personal information, and if provided by you, your country of residence, business telephone number, employer’s name, employer’s address, citizenship, and alias/preferred name for the purposes of complying with our anti-money laundering obligations under applicable law.

2.3.1 If you attest that you are a Politically Exposed Person (“PEP”) the Head of an International Organization (“HIO”), or a family member or a close associate of a PEP or HIO, as those terms are defined in the Terms and Conditions, you will be required to provide additional information such as your source of funds, your source of wealth, the nature of your connection to the PEP or HIO if you are a family member or close associate of a PEP or HIO, the office or position of the PEP/HIO, the PEP or HIO organization/institution name and, if you are a family member or close associate of a PEP or HIO, the nature of the relationship between the family member and close associate of the PEP or HIO. Such information is collected on behalf of iGaming Ontario and may be shared with other Operators as part of enterprise level player monitoring.

2.4  In addition to any Personal Information or other information that you choose to submit to us via our Service, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Service (“Usage Information”).  This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Service.  When your Device contacts our web servers (for example, when you visit this Service or view an HTML e-mail), our web servers automatically collect Usage Information.  We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail, advertising or promotional announcement or similar service.  To the extent we associate Usage Information with your Personal Information we collect directly from you on the Service, we will treat it as Personal Information.  

2.4.1 This Usage Information may include:

• your IP address, UDID or other unique identifier (“Device Identifier”).  A Device Identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its Device Identifier;
• your Device functionality (including browser type, operating system, hardware, mobile network information);
• the areas within our Service that you visit and your activities there, including remembering you and your preferences;
• your Device location;
• your Device characteristics; and

certain other Device data, including the time of day, referrer data that identifies the web page visited prior and subsequent to visiting our Services among other information.  

2.5 Privacy for Minors

We take seriously the responsibility to exclude children from access to our services. We will not accept information of anyone under the age of 19 for the purposes of opening a wagering account. It is, however, ultimately the responsibility of parents or guardians to monitor their children's Internet activities including where appropriate by using Internet screening software. If a parent or guardian becomes aware that his or her child under the age of 19 has provided us with information, the parent may contact us at the details set out below in the “Changes and Updates” section to have such personal information deleted.

2.6 Cookies

2.6.1 Certain information about you, including personal information, may be collected through the use of cookies when you use our Services. Some of these cookies are essential for the Website to operate and ensure that we provide the services you requested. By using our Services you agree to the use of certain non-essential cookies unless you set your browser to reject them.

2.6.2 A cookie is a small text file that is stored on your computer's hard drive or browser. We use cookies and the information contained therein for a number of purposes including but not limited to:

- tracking the duration of visits and content accessed; and

- storing frequently used user information to personalise your online experience and ease the login process.

2.6.3 You may block cookies by activating the setting on your browser which allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon you visit our Site.

2.7 Log File Information: When you use our Service, our servers may automatically record certain information that your Device sends whenever you visit any website and use certain apps. These server logs may include information such as your web or app request, Internet Protocol ("IP") address, browser type, browser language, referring/exit pages and URLs, platform type, UDID or other unique identifier (“Device Identifier”), your Device functionality (including browser type, operating system, hardware, mobile network information, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser. 

2.8 Web Beacons: When you use our Service, we may use clear files to unobtrusively track the online usage patterns of our users. In addition, we may also use Web Beacons in HTML-based emails sent to our users to track which emails are opened by specific users. We may use Web Beacons to count visitors to our web pages or to monitor how our users navigate our Service, and we may include Web Beacons in e-mail messages in order to count how many of the messages we sent were actually opened or acted upon.

2.9 Embedded Scripts: An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on.  The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter. 

2.10 Browser Fingerprinting: Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification. 

2.11 ETag, or entity tag:  A feature of the cache in browsers.  It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL.  If the resource content at that URL ever changes, a new and different ETag is assigned.  Used in this manner ETags are a form of Device Identifier.  ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies. 

2.12 Recognition Technologies: Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).

2.13 Fitzdares may also collect information about you from third parties, such as marketing partners, identity verification services, anti-fraud services and other service providers.

3. The Way Fitzdares Uses Your Personal Information

3.1 We may use the personal information you provide to us to do some or all of the following, in each case to the extent permitted by applicable data protection laws:

• administer our website and apps;
• provide the service you have requested;
• improving your browsing experience by personalising the Services for you (subject to your settings in the cookies section);
• recommend goods, services or promotions which may be of interest to you or contact you in order to conduct market research (but only where you have requested us to do so);
• prevent, detect and investigate potentially prohibited or illegal activities, including fraud, sporting integrity risks, and enforce our terms;
• notify you about changes to our Services;
• to enable us to comply with our responsible gambling obligations including under any best practice national policies and/or guidelines;
• contact you in order to conduct market research (but only where you have provided your consent for us to do so);
• send out email alerts, text messages or device notifications you may have opted into;
• send you prizes won via our website or apps, and supply to you services purchased via our website or apps;
• provide third parties with statistical information about our users;
• to enable us to comply with any legal, regulatory and compliance requirements, including under the terms of the Operating Agreement entered into between Fitzdares and iGaming Ontario;
• responding to any call or emails from you; and
• to understand customer trends and patterns.

3.2 Where you have given us your consent, we may use your information (both personal and non-personal information) to send you marketing and advertising content, including sending you advertising through multiple channels, such as direct mail, email, push notifications and display media. We may send you advertising or content regarding our products and services, or products and services that we market on behalf of another company, such as a sports team, a sports venue, or other entity. 

3.2.1 With your consent, in the event that you win a prize, we may use your name, likeness and other biographical information for commercial purposes.  

3.3 We may use your information to communicate with you about:

3.3.1 our products and services in which you may be interested provided that you have not requested otherwise;

3.3.2 newsletters and information for which you have signed up; and

3.3.3 non-marketing or administrative purposes (such as notifying you of major changes to the Service or for customer service purposes).

3.4 We use your information to improve the quality and design of our Service and to create new features, promotions, functionality, and services such as by storing, tracking, and analyzing user preferences and trends.

3.5 We also use cookies, web beacons, log file information, and mobile app information such as device identifiers for purposes such as (a) remembering information so that you will not have to re-enter it during your visit or the next time you visit our Service; (b) providing custom, personalized content and information; (c) monitoring the effectiveness of our marketing campaigns; (d) monitoring aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) tracking your entries, submissions, and status in promotions and contests. You can learn more about how these technologies are used in the Section below, Third Party Advertising and Analytics.

3.6 We may aggregate your information for any legitimate business purposes, including for internal reporting and research programs. iGaming Ontario may share your anonymized player information with qualified researchers for the purposes of research relating to responsible gambling and problem gambling. 

3.7 We will retain personal information as long as necessary to fulfil these purposes unless the law requires us to keep it for a longer period of time. To provide security and business continuity for the activities described here, we make backups of certain data, which we may retain for longer than the original data.

4. Transfer to and Disclosure to Third Parties 

Fitzdares does not sell or disclose your personal information to third parties without your consent, except as set forth below or as required or permitted by law. Subject to applicable laws, personal information collected by Fitzdares may be shared with a third party in the following circumstances:

4.1 We may transfer the information we collect or receive from you to our subsidiaries, affiliated companies, agents, or other businesses, or service providers who process your information on our behalf in order to provide or operate the Service. Our service providers may be located in the U.S., Canada, the UK or other foreign jurisdictions. These third parties are only provided with the information they need to perform their designated functions. For instance, these entities may have access to your information for purposes including (but not limited to) billing and accounting, hosting, marketing, promotional and email services, customer and technical support, know-your-client identity verification, and for the purpose of accepting deposits and paying withdrawals and processing such information on our behalf, and in each case, may use the information to make improvements to the services they provide to us and our customers. Our agreements with these service providers limit the kinds of information they can use or process and require them to use reasonable efforts to keep your personal information secure. 

4.2 When you choose to share information with social media services about your activities on Fitzdares by, for example, connecting your social media account to our Service, then Fitzdares may share your personal information and information about your use of the Service with such social media sites. Please make sure to read the terms and privacy statements of such sites prior to connecting to our Service in this way.

4.3 In the event that you win a promotion run by us we may be required to disclose your name, contact information and information about the prize you win to provincial authorities.

4.4 Where you have provided your consent, we may share your personal information with selected third parties for their commercial or marketing use in conjunction with your relationship with Fitzdares or as part of a specific program or feature.

4.5 In addition, we may disclose to third parties various types of your information for targeted online or mobile advertising, as further described in the Section titled “Advertising and Analytics.”

4.6 We also may share personal information in other situations with your consent.

4.7 Fitzdares also reserves the right to disclose personal information that Fitzdares believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions against liability or harm, to investigate and respond to third-party claims or allegations, to respond to court orders or official requests, to comply with state and federal regulations, including but not limited to sharing with appropriate tax authorities, to protect the security or integrity of our Service, to report violations of Fitzdares’ eligibility rules to third parties, including employers of individuals affiliated with other daily fantasy sites, and to protect the rights, property, or safety of Fitzdares, our users or others.

4.8 In the event that Fitzdares is involved in a merger, acquisition, sale, bankruptcy, insolvency, reorganization, receivership, assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, or other change of control, there may be a disclosure of your personal information to another entity related to such event.

4.9 Your personal information may be disclosed by Fitzdares or its service providers in response to a search warrant to other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise may be where the disclosure is required or authorized by law or regulatory authority, which may include lawful access by U.S. or foreign courts, law enforcement or other government authorities,

5. Your Choices

5.1 Fitzdares will process your personal information in accordance with this Privacy Policy, and as part of that Fitzdares provides you with certain choices about how we process your personal information. These choices are set out below.

5.2 Fitzdares will use reasonable efforts to ensure your information is accurate and up to date. Please update your information through your account whenever your information is incomplete, out-of-date or otherwise changes. You can access and update certain personal information Fitzdares holds about you at any time by logging into your account via the Service. You can update your marketing preferences and whether or not you would like us to send you newsletters in your account. You can also unsubscribe to marketing emails and newsletters by using the 'unsubscribe' feature in the communication.

5.3 We may occasionally send display media to you, in a targeted way, whether through web or mobile browsers or mobile applications. You may opt out of many third parties that support and send this type of targeting advertising by going to www.aboutads.info, and you may learn more about this type of advertising in the below Section titled “Third Party Advertising and Analytics.” You may opt out of tracking for mobile advertising through the settings on most smartphones, and you may learn more about these settings through those mobile device platforms, i.e., Google (here)  and Apple (here) . (Please note that these companies may change either the way these settings operate, the content or the availability of these pages.)

5.4 We may occasionally send you push notifications to your mobile device. You can turn off certain push notifications in the account settings of your Fitzdares mobile app. You can also turn off push notifications specific to our Service in the settings on your iOS device, or through the application manager in your Android device.

5.5 Subject to some important legal limitations you can contact us as described below to make additional requests, such as to request access to, correction or deletion of certain personal information we store; to receive a copy of certain personal information you provided to us in portable form or to request that we share it with a third party; to request restrictions on the use of your personal information; to object to our use of your personal information; or to withdraw consent to use your personal information (which will not affect the legality of any processing that happened before the request takes effect).

5.6 For example, you can contact us to opt out of all processing of your personal information for direct marketing purposes.

5.7  You can reach us as described below with any other concerns, requests or complaints regarding our data collection, data use or data transfer. You also have a right to file a privacy complaint with the relevant privacy regulator, but we respectfully invite you to allow us to try to resolve the matter directly. We will attempt to answer your questions and satisfy your concerns in a timely and complete manner.

6. Advertising And Analytics

6.1 We work with a number of companies that assist in marketing our services to you on third party websites. These companies may collect information about online activities conducted on a particular computer, browser or device over time and across third-party websites or online services for the purpose of delivering advertising that is likely to be of greater interest to you, including about our Services, on sites and apps of third parties. Also, certain ads appearing on our Service are delivered by our advertising partners. Our advertising partners may use cookies and other similar technologies, often in conjunction with unique (anonymous) cookie identifiers, to collect data about your activities and interests, including the technologies described above. Some of these partners may use mobile device identifiers, such as Apple IDFAs and Google/Android Advertising IDs. Doing this allows the ad companies to recognize your computer or device each time they send you an online or mobile advertisement. In this way, the ad companies may compile information about where you, or others who are using your computer or device, saw their advertisements and measure your interaction with each ad. This information allows ad companies to deliver targeted advertisements that may be of increased interest to you, both on our Service and elsewhere online. Just as these technologies may be used to target ads on our websites and apps, we, or our advertising partners, may use these same technologies and data points (e.g., mobile identifiers, cookie identifiers, location-based data), through our Service or through other services, to target advertising (for ourselves or other companies) on other sites or mobile apps. Sometimes, these identifiers may be derived from a hashed or encrypted version of personal information such as your email address. We may use this information to measure the performance of our advertising as well, for instance, to evaluate which ads or content our users prefer, or which are most effective. In addition, sometimes we or an advertising partner may tailor advertising to you across different devices.

6.2 To learn more and to opt out of the collection of data on our website by third parties (including those described above) for interest-based advertising purposes, please visit www.aboutads.info/choices or www.youronlinechoices.com. Note that because this opt out method may be cookie-based, you will need to opt out again if you update or change your browser, or delete your cookies. You can also control interest-based advertising on apps on your mobile device with the AppChoices app, available for iOS and Android. Note that opting out will not affect the quantity of ads you see online but likely will cause the ads to be less relevant to you.

6.3 We also work with third-party analytics companies to collect data on our Service through cookies and other automated means. In some cases, the third parties mentioned in this section may maintain the information they collect in personally identifiable form. These services allow us to view a variety of reports about how visitors interact with the Services so we can improve our website and understand how people find and navigate it.

7. Information Security

7.1 We are committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. 

7.2 You acknowledge that no data transmission over the Internet is totally secure. Accordingly, Fitzdares does not warrant the security of any information which you transmit to it. Any information which you transmit to Fitzdares is transmitted at your own risk. However, we do have appropriate security measures in place to protect your personal information. For example, we store the personal information you provide on secure computer systems with limited access that are located in facilities to which access is limited.

7.3 Fitzdares' employees, agents and contractors have restricted access to personal information on a need-to-know basis and are required to maintain the confidentiality of customers' personal information and trading behavior.

7.4 Fitzdares maintains an incident breach management plan and program. We will provide you notice in the event of an incident that materially impacts your personal information (a "Data Incident"). We will notify you, iGaming Ontario, and any other applicable regulatory authority about the Data Incident, and we will aid iGaming Ontario and any other applicable authorities in the management and handling of the Data Incident.

7.5 To further protect your privacy and security, we reserve the right to take reasonable steps (such as requesting your password) to verify your identity before granting you profile access or making corrections.

7.6 Additionally, you should ensure your password is kept secret at all times. You will be responsible for maintaining the secrecy of your password and account information. For general information on how to protect your information online, please refer to the resources posted by the Information and Privacy Commissioner of Ontario at [https://www.ipc.on.ca/privacy-individuals/ensuring-your-privacy-is-protected/].

8. Changes, updates and disputes

8.1 This Privacy Policy may be revised periodically and this will be reflected by the "Last update posted" date above. Please revisit this page to stay aware of any changes. If a revision to this Privacy Policy, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account.

8.2 Any questions, or comments that you might have should be emailed to Privacy Director at [email protected] or forwarded in writing to:

Fitzdares Canada Limited,

182-184 Campden Hill Rd,

London

W8 7AS

United Kingdom

If you experience any problems or have any inquiries or concerns, please contact Fitzdares Customer Service through a) live chat, b) email at [email protected], or c) via telephone at 1-437-887-0234.

If you are not satisfied with how we respond to your question, please raise a dispute with us by providing full written details of your grievance to us via email at [email protected].  We will try to respond in detail to all such questions or dispute as soon as possible.

Fitzdares is subject to all rules and regulations concerning customer disputes as defined by iGaming Ontario. If your dispute is still unresolved and it arises out of your use of the Services while physically located in the Province of Ontario, you can contact iGaming Ontario at: http://www.igamingontario.ca/en/player/player-support.

If your dispute relates to a decision that Fitzdares has taken or your experience with our products, it is highly unlikely that iGaming Ontario will not be in a position to help you reach a resolution. iGaming Ontario does not resolve or make decisions on disputes regarding gambling-related transactions.