Skillz Legal

Privacy Policy

Updated May 25, 2018

This Privacy Policy Statement (“Privacy Policy”) is applicable to users who download the application connecting to this Privacy Policy (the “Application”), which utilizes the Skillz SDK and all services provided thereon (“Services”), including all Skillz Public Forums (as defined in the Terms of Service). This Privacy Policy does not cover any interaction you may have with Skillz by telephone, postal mail, or other offline communications.

For the purposes of EU data protection laws (“Data Protection Law“), Skillz is data controller (i.e., the company who is responsible for, and controls the processing of, your personal data).

Notice

Skillz respects your privacy and is committed to protecting personal information that you provide in connection with your use of the Services. This Privacy Policy is intended to provide you notice of the Company’s information practices, including the types of information gathered, how information is used and safeguarded, and how you may control the maintenance and sharing of your information.

By downloading the Application and USING THE SERVICES, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TO OUR PROCESSING OF PERSONAL INFORMATION FOR THE PURPOSES STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE do not download the Application and DO NOT USE THE SERVICES.

Collection of Personally Identifiable Information and Other Data

To register an account with Skillz, you must provide an email address and password, and verify that you are over the age of 18. Skillz will also choose or permit you to choose a username. Please note that your username will be available to the other Skillz users while you participate in tournaments and public forums. Your username, name, password and email address are collectively referred to as your “Account Information”.

Your personal profile will automatically be populated with your selected username, which you are allowed to change. Any information and content that you voluntarily add to your profile, such as your personal image, will be made public by default and will not be subject to this policy. Your username and profile will be publicly searchable, and your personal image will appear in search results in addition to your profile.

Should you choose to participate in Skillz cash tournaments, we will ask you to submit your credit card information or your Paypal user name. To participate in cash tournaments and withdraw funds, we also require that you provide certain personally identifiable information, including your first and last name, shipping address, phone number, and Social Security Number (your “Personally Identifiable Information”). Your Personally Identifiable Information is used to verify your identity when you withdraw cash from your account and by us and certain third party service providers to monitor for fraudulent activity and verify that you can legally participate in cash tournaments and withdraw funds. By providing Personally Identifiable Information, you represent to us that it is accurate and complete, and agree to promptly update the information as necessary to ensure that your Personally Identifiable Information remains current. We reserve the right to terminate your access to the Services if for any reason we suspect that you have provided inaccurate Personally Identifiable Information. You should carefully review our Terms of Service because they include an agreement from you to indemnify and hold harmless Skillz from any losses that result from you providing inaccurate Personally Identifiable Information.

Skillz wants to give you the most exciting gaming experience possible. To help us figure out what you like and dislike about our Services, we may ask for your opinion from time to time. Skillz may request and/or collect information from you on a voluntary basis when you:

  • Create an account with the Services
  • Withdraw or deposit cash from your account*
  • Enter a shipping and billing address to withdraw cash from your account
  • Participate in contests, events, or promotions
  • Send questions or comments to our support team
  • Submit your resume to us online
  • Fill out online surveys

 

*Skillz will use third party credit card processing companies to process your transactions. When using a third party processing company, Skillz will not have access to your credit card data.

Skillz may also use technology, such as cookies, transparent gifs, frames, server log analysis and other technologies as they are developed, to enhance your experience with the Services. We automatically collect certain aggregate information and analytical data related to your Application usage. Aggregate information is non-personally identifiable or anonymous information about you, including the date and time of your visit, the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID and the features of our Application which you accessed.

With your consent and in connection with your use the Application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the state you are located within to establish which aspects of the Services you are permitted to use. You may withdraw your consent to our collection of your location information at any time, provided that you are not participating in cash competitions. If you choose to participate in a cash competition, you may not opt out of the collection of this type of geolocation data.

We urge you to keep your password confidential and refrain from sharing it with others. Skillz will not disclose, share, sell or rent Personally Identifiable Information to any third party without your prior consent.

Special Notice Regarding Minors Under 18 Years of Age

Skillz respects the privacy of children of all ages. Skillz particularly recognizes the sensitivity of personal information concerning minors under the age of 18 and therefore provides this special notice to parents and guardians regarding the collection and use of information collected from minors in this age group.

The Services are not directed towards young children or minors under the age of 18. Skillz is intent on complying with applicable laws and regulations regarding minors, including the United States’ Children’s Online Privacy Protection Act. Specifically, Skillz will not knowingly collect and maintain any personally identifiable information from children under 18.

If you are a parent or guardian who has discovered that your child has submitted his or her personal information, Skillz will make reasonable efforts to delete the information from its database, at your request. To request the deletion of your child’s information, please send an email legal@skillz.com. Be sure to include in your message the username, email address and password that your child submitted.

Use of Information Collected

Except as specifically outlined in this Privacy Policy, we do not share your Personally Identifiable Information or Account Information with non-affiliated third parties without your permission. We may disclose Personally Identifiable Information, aggregated information, such as demographic information, and certain statistical analysis to third party service providers to ensure compliance with applicable laws and monitor for fraudulent activity, and to third party developers who are reviewing or auditing our Services. However, before sharing your information with any such third party, we require that the third party enter into an agreement that requires that third party to keep your information confidential, and prohibits that third party from using your information for any purpose that is not related to the Services.

We disclose information, including Personally Identifiable Information, that we, in good faith, believe is appropriate to cooperate in investigations of fraud or other illegal activity, or to conduct investigations of violations of our Terms of Service. For example, this means that if we conduct a fraud investigation and conclude that one side has engaged in deceptive practices, we can give that person or entity’s contact information to victims who request it.

We disclose information, including Personally Identifiable Information, in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action. If the subpoena seeks information about an identified user or limited group of users, we’ll make reasonable business efforts to contact the user(s) before providing information to the party that requests it. We cannot guarantee that we will be able to contact the user(s) in all cases, whether because of a time limit, court order, inability to effectively contact a user, or for any other reason.

By upgrading an account and providing an email address, users authorize Skillz to provide them with important announcements, relevant promotions, and other related communications. Users will always have the opportunity to opt out of these communications at any time.

Your Account Information and certain Personally Identifiable Information is transmitted to a third-party service provider for the purpose of processing any payments. The transmission of your payment information is automatic, and at no point do we, or any of our agents or employees, have the ability to review, access or retain such payment information. For more information on how your payment information is processed, please see the terms and conditions of our third party service provider https://www.vantiv.com/privacy-policy. If you elect to process payments using your Paypal account, your payments will be subject to Paypal’s terms of service, located at https://cms.paypal.com/us/cgi-bin/?&cmd=_render-content&content_ID=ua/UserAgreement_full.

Except as set forth herein, Skillz does not sell, rent, or otherwise disclose Personally Identifiable Information collected from and about its users to third parties. However, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, Skillz’ customer information may be transferred to Skillz’ successor or assign, if permitted by and done in accordance with applicable law.

Legal basis for processing in the EU

In the EU, the purposes for which we process your personal data are:

  1. Where we need to perform the contract we are about to enter into or have entered into with you for the Service;
  2. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
  3. Where we need to comply with a legal or regulatory obligation in the EU.

 

Please contact legal@skillz.com if you need details about the specific legal basis we are relying on to process your personal data where more than one legal basis has been set out.

Use of Cache Data

A cache is a component of your mobile device that transparently stores data for record-keeping purposes. Cache data does not identify users, but does identify your mobile device. Most browsers and applications are initially set up to accept such data. If you prefer, you can program your mobile device so that it does not store this information while utilizing the Application. Certain Application features may only be available through the collection of such data. We may use such data to assist in data collection and to track Application usage and trends to help us better serve you. We also permit third parties who have entered into confidentiality agreements to access such data to help us monitor use of the Application for fraud or any other activity that does not comply with applicable laws.

Some of our business partners (e.g., analytical tracking software providers) use cookies and tracking technologies on the Application. We have no access to or control over these cookies or tracking technologies. This Privacy Policy covers the use of cookies and cache data on the Application and by us only and does not cover the use of cookies or tracking technologies by any such business partner.

Your rights in respect of your personal information if you are resident in the EU and Switzerland

If you are located in the EU or Switzerland, you have the following rights in respect of your personal data that we hold:

  1. Right of access. The right to obtain access to your personal data.
  2. Right to rectification. The right to obtain rectification of your personal data without undue delay where that personal data is inaccurate or incomplete.
  3. Right to erasure. The right to obtain the erasure of your personal data without undue delay in certain circumstances, such as where the personal data is no longer necessary in relation to the purposes for which it was collected or processed.
  4. Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal data in certain circumstances, such as where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of that personal data.
  5. Right to portability. The right to portability allows you to move, copy or transfer personal data easily from one organization to another.
  6. Right to object. You have a right to object to processing based on legitimate interests and direct marketing.

 

If you wish to exercise one of these rights, please contact us using the contact details at the end of this Privacy Policy.You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Account Security

The security of your account relies on your protection of your password and mobile device. You are responsible for maintaining the security of your password and mobile device. You are solely responsible for any and all activities that occur under your account. You may not share your password or the Application with anyone. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on the Application interface.

Any email or other communication requesting your password or asking you to provide sensitive account information via email should be treated as unauthorized and suspicious and should be reported to us immediately at support@skillz.com. If you do share your password or your mobile device with a third party for any reason, the third party will have access to your account and your personal information, and you may be responsible for actions taken using your password. If you believe someone else has obtained access to your password, please change it immediately. If you believe that an unauthorized access has already occurred please report it immediately at support@skillz.com.

We may have access to your password and may use such password to access your account for debugging, quality assurance, or other internal purposes.

Data storage and transfer

Your information collected through our Service may be stored and processed in the United States or any other country in which Skillz or its affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and we will take all steps reasonably necessary to ensure that any personal data are treated securely and in accordance with this Privacy Policy. Such transfers are made pursuant to appropriate safeguards. If you wish to enquire further about these transfers, please contact us using the details set out at the end of this Privacy Policy.

For individuals based in the EU or Switzerland, we store personal data for as long as necessary to fulfill the purposes for which we collect the data (see above under “Collection of Personally Identifiable Information and for what purpose?”), except if required otherwise by law.

Postings to Public Forums

All postings in Skillz public forums will generally be available to, and freely accessible by, other users of the Skillz public forums as well as the Internet general public. Therefore, users should not expect that any information they post will be kept private or confidential and are encouraged to exercise discretion when using the public forums. Additionally, your username, which you can change, will always be included in conjunction with your postings in the public forums. Skillz is not responsible for events arising from the distribution of any information you choose to publicly post or share through the forums. All information or materials uploaded by you while utilizing the Services is subject to our Terms of Service http://skillz.com/legal

Marketing

From time to time we may contact you with relevant information about our Services. Most messages we send will be by email. For some messages, we may use personal data we collect about you to help us determine the most relevant information to share with you.

If you do not want to receive such messages from us, you will be able to tell us by selecting certain boxes on forms we use when we first collect your contact details. You can change your marketing preferences by clicking on the unsubscribe link at the bottom of our emails.

Maintaining and Updating Your Account Information

As part of your use of the Services, you are responsible for maintaining and updating, as applicable, your Account Information with current and complete information. You may edit and delete portions of your Account Information. To do this, select “My Account” in the main menu and choose which information to edit or delete. You can also delete your Skillz Account entirely. To do this, select “Help/Customer Service” in the main menu. Further select “Account Inquiry” and request for your account to be deleted.

After receiving any requested changes to your Account Information or Personally Identifiable Information, we will make reasonable efforts to ensure that all of your personal information stored in databases we actively use to operate the Services will be updated, corrected, changed, or deleted as appropriate, as soon as reasonably practicable. However, we reserve the right to retain in our archival files any information we remove from or change in our active databases. We may retain such information to resolve disputes, troubleshoot problems, and enforce our Terms of Service. In addition, it may not be technologically possible to remove every record of the information you have previously provided us, as a copy may exist in a non-erasable form that will be difficult or impossible for us to locate.

If you are the parent or guardian of a child under the age of 13, and you have discovered that your child created an account and would like to have it deleted, please e-mail us legal@skillz.com with your child’s username, email address and password.

Governing Law; Notification of Changes

This Privacy Policy is governed by the laws of California without giving effect to any principles of conflict of law. Please note that our Services are intended only for use by residents of the United States. The United States and other countries have not harmonized their privacy regulations. Because Skillz and its servers are located in the United States, Skillz has written this Privacy Policy to satisfy United States regulations and the users of the Application and Services agree to that level of privacy protection. We ask that individuals residing outside of the United States refrain from downloading the Application or using the Services.

California Civil Code Section 1798.83 permits customers who are California residents and who have provided Skillz with “personal information” (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes. If you are a California resident with questions regarding this, please contact us via email at support@skillz.com or by mail at the address listed in the “Contact Us” section below.

Effective Date; Policy Changes

Each time you use the Application, the current version of the Privacy Policy will apply. Accordingly, when you use the Application, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version. Our business changes frequently and this Privacy Policy is subject to change from time to time. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. We will not materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Contact Us

To contact us with your questions or comments regarding this Privacy Policy or the information collection and dissemination practices of the Application, please email us at legal@skillz.com.

To see the Terms of Service that apply to the Services: Terms and Conditions.