EFFECTIVE DATE:   January 1, 2020

This Privacy Policy is effective as of the date shown above and was most recently revised on December 20, 2022.

Table of Contents

1. Scope of Policy
2. Information We Collect and Receive
3. How We Use Data
4. How We Share and Disclose Data
5. What Choices You Have
6. Cookies and Similar Technology
7. Security of Data
8. Third-Party Sites and Sections
9. Children and Parents
10. Storing Data
11. Your Rights and Choices
12. Choice of Law/Jurisdiction
13. Changes to Our Policy
14. Contact Us

A. Scope of Policy

This Privacy Policy (“Policy”) explains what data the Pacers Family collects from you through our interactions with you and through our products, services, events and programs – including our websites, apps and digital platforms (each a “Service,” and collectively, the “Services”).

The Pacers Family includes Pacers Basketball, LLC d/b/a Indiana Pacers and Pacers Sports & Entertainment, Fever Basketball, LLC d/b/a Indiana Fever, Pacers Basketball Development, LLC d/b/a Fort Wayne Mad Ants, Pacers ESports, LLC d/b/a Pacers Gaming, Fieldhouse Management, LLC d/b/a Bankers Life Fieldhouse, and Pacers Foundation, Inc. (collectively the “Pacers Family,” “we,” “us,” “our” and “ours”).

This Policy applies solely to information collected by or on behalf of the Pacers Family through the Services.

This Policy also does not apply to websites and apps operated by the NBA Family, including but not limited to NBA.com, Pacers.com, FeverBasketball.com, PacersGaming.nba.com, and fortwayne.gleague.nba.com, which are each governed by the NBA Privacy Policy. The “NBA Family” means the National Basketball Association (“NBA”), the Women’s National Basketball Association (“WNBA”), the NBA Gatorade League (“G-League”), the NBA 2K League, the Basketball Africa League, their respective teams, and each of their respective affiliates.

1. Terms

Before accessing, using, or interacting with the Services you should carefully review the terms and conditions of this Privacy Policy. Your use of certain Services may also be further governed by a Digital Terms of Use where provided via the Service, which are also incorporated into your agreement by this reference.

This Policy is also a part of our Wi-Fi Terms of Use Agreement, and our Digital Terms of Use. By using any of the Services, you agree to the terms of those contracts and consent to the terms of this Policy.

By accepting our Privacy Policy, Wi-Fi Terms of Use and Digital Terms of Use, you are confirming that you have read and understand those agreements and this Policy, including how and why we use your information. If you don’t want us to collect or process your personal information in the ways described in this Privacy Policy, you should not use the Services. Please note we are not responsible for the content or the privacy policies or practices of any third-party organization or service, including those of the NBA Family.

2. Privacy Notices

This Policy includes any separate privacy notices and/or notices posted on particular pages of the Services that may provide more detail regarding the personal information we collect on those pages, why we need that information, and choices you may have about the ways we use that information.

3. Other Agreements

When you sign up to use a special feature of the Services, you may be asked to expressly consent to special terms, for example, by checking a box or clicking on a button marked, “I agree.” This separate agreement will supplement or amend this Policy, but only with respect to the matters governed by such separate agreement.

B. Information We Collect and Receive

 

When you interact with us through the Services, we may collect data from you or from other sources.  This “data” may be information that you directly provide to us, such as personal information you provide when you visit the Services, or information that is passively or automatically collected from you, such as information collected from your browser or device.  The categories of other sources from which we collect personal data include our affiliates, partners, vendors, data brokers and public sources.

The data we collect consists of personal identifiers, commercial information, Internet/other electronic network activity information, geolocation data, professional or employment-related information, characteristics of protected classifications, and inferences drawn from this information.  More specifically, the data we collect includes:

• Identifiers, such as name, email address, postal address, phone number and other similar contact data. 
• User credentials, such as username, password, password hints and similar security information used to create an account and authenticate users of the Services.
• Protected classifications and demographic data, such as age, gender, country and language preference.
• Payment data, such as credit card information and billing address.
• Device data such as type of device, operating system and other software installed on the device, device settings, IP address, device identifiers and error reports.
• Internet or other electronic network activity information, such as the programs and features you access, content you engage with, and the timing, frequency and duration of your interactions through the Services.
• Location data, such as IP addresses received from your device.
• Commercial information, such as products or services purchased, obtained or considered or other purchasing or consuming histories or tendencies.
• Information about your interests and preferences, including inferences, such as your favorite teams and players, your home city or your communications preferences.  In addition to what you provide directly, we use past purchase behavior, events, and matchups, to infer your interests and preferences from other data we collect, such as the content and advertisements you interact with while using the Services.
• Third-party integrations.  If you connect your use of the Services through a third-party service (e.g., a social media platform), the third party may share certain information from your third-party account with us.
• Communications, such as from the communications you send to us, such as customer service inquiries, product reviews and other feedback regarding the Services.
• Other third-party data, such as data from our affiliates, partners or vendors, data brokers or public sources.

C. How We Use Data

 

 We use the data we collect for the following purposes:

• Operating our business. We use the data we collect to operate our business, including providing and improving the Services.  Specifically:
  • To create and maintain accounts, as well as process your registration with our Services.
  • To fulfill transactions that you request.
  • To deliver location-based Services and comply with territorial restrictions.
  • To diagnose and fix problems with the Services and providing other customer support services.
  • To personalize the customer experience on the Pacers Family’s platforms to better understand customer preferences as well as to enhance and personalize fan experiences and enjoyment when using the Services
  • To allow you to participate in interactive features, when you choose to do so.
  • For analytical purposes to better understand our customers and how they use the Services, which allows us to continually improve and assess the Services.
  • To build predictive models and generate inferred personal information, which allow us to tailor the Services based on the data we have about how our customers use the Services and deliver marketing materials.
• Communicating with you. We use the data we collect to communicate with you, including responding to your requests or inquiries. Specifically:
  • To respond to your request if you contact us with a question or concern.
  • To provide information about your account, your use of the Services, or other transactions that you request.
  • To deliver personalized news, updates and other types of communications, according to your subscriptions, alerts, and other preferences.
• Marketing and advertising. We use the data we collect for marketing or advertising purposes, on behalf of ourselves, as well as our partners and other parties.  Specifically:

• To send you promotional messages and deliver advertisements about products, tickets, services, programs, or events that may be of interest to you.  These may be offered by, or on behalf of, the Pacers Family, or by our partners and other third parties with whom we have a relationship. The promotional messages and advertisements that you see may be determined by data that we collect or receive about you, such as your demographic data, location data, usage data, interests and preferences.  We refer to this as “interest-based advertising”.

• To conduct internal and market research, identify usage trends, and determine the effectiveness of marketing and advertising campaigns.
• To attract prospective marketing partners or to report to our existing partners on our marketing or advertising project and other endeavors.

• To solicit our customers’ feedback in market research, surveys, studies on behalf of ourselves and our partners.
• Security, compliance and enforcement.  We use the data we collect for security, legal, regulatory, compliance, and enforcement purposes.  Specifically:
• To protect the safety and security of our customers and our Services.
• To detect and prevent abuse, fraud, or other unlawful or unauthorized activities.
• To resolve disputes.
• To comply with legal and regulatory obligations.
• To enforce our agreements, including our policies and Terms of Use that govern your use of the Services.

We may also use your data in any other manner as disclosed at the time of collection, or when we have otherwise obtained consent.  Please also note that this Policy is not intended to place any limits on what we do with aggregated, pseudonymized, or anonymized data. We may also merge, co-mingle, or otherwise combine data about you, including personal information, in furtherance of the uses above.

D. How We Share and Disclose Information

 

There are times when the data we collect may be shared by the Pacers Family. We share your data for the following purposes:

• Providing the Services. We sometimes engage or partner with other companies to operate the Services or perform certain functions on our behalf – for example, maintaining and enhancing our customer databases, delivering messages and advertising, operating our websites and digital platforms.  We may disclose your data as needed for them to perform these functions in a manner consistent with this Policy. For more information about who these companies are, and how they use your data, please see the “Third Party Sites and Sections” section of this Policy below.
• With Partners and Third Parties. We may share your data with certain business partners so that they can provide you with special offers, promotional and other materials that may be of interest to you. We share personal data with partners and third parties as part of marketing and advertising on and off of the Services. We may use third parties to serve advertisements on the Services. These third parties may set their own cookies or similar web technologies to collect information about users’ online activities over time and across websites. For more information about how these third parties use your data and how you can manage these technologies, please see the “Cookies and Similar Technologies” section of this Policy below.
• Among the Pacers Family. We may share data among the companies within the Pacers Family for purposes consistent with this Policy.
• Among the NBA Family. We may share data collected through the Services with our NBA Family for purposes consistent with this Policy.
• As part of a change in business structure. In the event of a sale, merger, acquisition, reorganization or similar event, or in contemplation of such an event (e.g., due diligence), your data may be among the transferred assets.
• When necessary under certain circumstances. We may disclose your personal information when we believe that disclosure is necessary to:
• Comply with applicable law or respond to valid legal process.
• Protect the safety and security of our customers or our Services.
• Prevent fraud, abuse or other unlawful or unauthorized activities.
• Protect the rights or property of us or third parties, including enforcing the terms of our agreements.
• Compliance with laws and protection of our rights and the rights of others. We may disclose your personal information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, or a subpoena. We may also disclose your personal information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of the Services; to enforce or apply our Digital Terms of Use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others.

We may also share your data for any other purpose as disclosed at the time of collection, or when we have otherwise obtained consent. Please note that this Policy is not intended to limit our ability to share or disclose aggregated, pseudonymized or anonymized data.

E. What Choices You Have

 

You have many choices about how we collect, use, and share your data. 

Communications choices.  You can choose whether you wish to receive promotional messages from the Pacers Family and which types of messages you wish to receive.  If you receive promotional messages from us and would like to opt out, you may do so by following instructions within those messages. 

You may also adjust your communications preferences by logging into your account and viewing your preferences.  Please note that these preferences do not apply to informational or transactional communications regarding the Services or other communications that have their own unsubscribe method.

Advertising choices.  You can opt out of interest-based advertising as described in this section and in the “Cookies and Similar Technologies” section of this Policy. When you opt out, your selection is stored on a cookie on your device. If you delete the cookie from that device or sign in from a different device, you will need to opt out again.

Because the data used for interest-based advertising is also used for other necessary purposes (including providing the Services and for authentication and security purposes), opting out of interest-based advertising does not stop the data from being collected nor reduce the number of advertisements you will see. However, the data will not be used for interest-based advertising, which means the advertisements you do see may be less relevant to you.

When using a mobile application, you may receive interest-based in-application advertisements.  Depending on your device, you may be able to reset your mobile device’s advertising identifier at any time by accessing the privacy settings on your device.  In addition, each operating system (e.g., iOS for Apple devices, Android for Android devices and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of interest-based in-application advertisements.  You may review the support materials and/or the privacy settings for the respective operating system in order to opt-out of interest-based in-application advertisements.  For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact (or review the applicable privacy web page of) the applicable platform operator.

Other choices.  You also have choices about the data you provide directly to us when you register for or use the Services.  Please note, however, that if you choose not to provide data that is necessary to provide certain features of the Services, your use of the Services may not include those features.

Season ticket holders and users with Team Store accounts can access, edit or remove information in your user account.  If you cannot access your account, or if you would like to request that we delete other personal data referenced in this Policy, you may contact us using any of the methods described in the “How to Contact Us” section of this Policy.

You can choose not to share certain location data by adjusting the settings on your device.  Please note, however, that if you choose not to share this data, you may not be able to access or use location-based Services.

You can choose to limit the data that third-party services (e.g., social media platforms) share with us using the options provided to you by the applicable third-party service (for example, the options provided by a third-party social media platform when you connect your social media account with the Services).  You can also disconnect your use of the Services from the third-party service at any time using the options provided to you by the applicable third-party service.  Please note, however, that if you disconnect from the third-party service, that will not delete the data we may have previously collected while you were connected.

F. Cookies and Similar Technologies

 

1. Tracking Technologies

We use cookies and similar technologies (collectively, “Tracking Technologies”) to provide the Services and to collect data. In addition, third parties may also use Tracking Technologies when you use the Services; for example, if we engaged a third party to operate the Services, or because the Services contain content or advertisements delivered by third parties. These Tracking Technologies consist of:

• Cookies. Cookies are small text files that are unique to your device or browser. They can either be session-based (i.e., lasting only while your browser is open and automatically deleted when you close your browser) or persistent (i.e., lasting until you delete them or they expire).
• Locally stored objects. Locally stored objects (“LSOs”), also commonly called “Flash cookies,” are stored on your device or browser to provide Services that use Adobe Flash technology.
• Web beacons. “Web beacons” or clear GIFs are small pieces of code placed on a Service to collect data about users of that Service.
• Software development kits. Mobile Software Development Kits (“SDKs”) are bits of computer code used by mobile app developers to enable or enhance various features of a mobile app. For example, an app developer may include an SDK within a mobile app that enables advertisements to be shown, data to be collected, and related services or analytics to be performed in connection with the mobile app.

We use Tracking Technologies for the following purposes:

• Sign-in/authentication. If you sign into an account to use the Services, we use Tracking Technologies to store your sign-in information. This allows the Services to remember your user preferences and give you a more tailored experience based on those preferences. It also allows you to use the Services without having to sign-in on each page or each time you return.
• Security.  We use Tracking Technologies to help detect fraud and abuse of the Services, including attempts to access the Services without authorization.
• Analytics.  We use Tracking Technologies to gather usage and performance data about the Services, including counting the number of unique visitors to a particular Service.
• Advertising.  We use Tracking Technologies to track how many users have seen or clicked on an advertisement. This allows us to learn which advertising campaigns are most effective and also to help limit the number of times a user is shown the same advertisement.
• Online Purchases. We use Tracking Technologies to track how many users have purchased a ticket after clicking on an advertisement.
• Interest-based advertising. We use Tracking Technologies to collect information about your interests so that we can deliver advertising that is most relevant to your interests.
• Tailoring the Services. We use Tracking Technologies to collect information about how you use the Services so that we can tailor your experience based on what is most relevant to your interests.

In some cases, we may work with third parties (for example, third-party operators of the Services) to synchronize our unique, anonymous identifiers (such as those associated with Tracking Technologies) with the third party’s own identifiers. This enables us to better achieve each of the purposes described above.

2. Managing Tracking Technologies

Most web browsers give you the ability to manage Tracking Technologies used on a website, including blocking or deleting them. Please note that if you choose to block Tracking Technologies, you may not be able to use certain features that depend on those Tracking Technologies (such as keeping you signed in or remembering your preferences). If you choose to delete Tracking Technologies, any settings and preferences that were associated with those Tracking Technologies will also be deleted and may need to be reset.

You also have the following options to manage Tracking Technologies and opt out of interest-based advertising:

• For Flash cookies, you can access Flash management tools from Adobe’s website. In addition, some, but not all, browsers provide the ability to remove LSOs within cookie and privacy settings.
• You may opt out of interest-based advertising from companies that participate in the Digital Advertising Alliance (“DAA”) by visiting their website.
• You may opt out of interest-based advertising from companies that participate in the Network Advertising Initiative by visiting their website.
• If you do not want information about your use of the Services sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here.
• Finally, you may opt-out of interest-based advertising by adjusting your device or browser settings.

Please note that opting out of interest-based advertising does not mean you will stop seeing, or see fewer, advertisements. It does, however, mean that the advertisements you do see will not be interest-based and may be less relevant to your interests.

G. Security of Data

 

The Pacers Family takes security seriously. We take a number of steps to protect your data from unauthorized access, use or disclosure. These steps take into account the sensitivity of the data we collect and use, as well as the current state of technology. This includes, for example, storing your data on systems that have limited access and are maintained in controlled facilities. We also use, and require our vendors to use, industry standard security protocols when processing any payments for your use of the Services.

It is important to remember that no system can be guaranteed to be 100% secure. We recommend that you help us keep your data safe by taking reasonable steps such as keeping your passwords private and not disclosing sensitive personal data in places that can be accessed publicly.

H. Categories of Third Parties: Third-Party Sites and Sections

 

We work with a number of third parties to operate the Services, communicate with you, market and secure our Services, enforce legal rights, and comply with legal obligations.  When we engage third parties in connection with operating the Services, those third parties may only collect, use or access your personal information as needed for them to provide our Services. We may share your personal information with some third parties. By ‘share,’ we mean disclosing to the third party for the purpose of cross-site, interest-based advertising. In some circumstances, we may provide you access to Third-Party Sites (as defined below) in connection with our Services but for which we are not responsible. Categories of third parties we disclose to or share information with, the information disclosed or shared with them and the purpose we disclose your information include:

• Others in the NBA Family. When you use our Services, any personal information we collect about you may be disclosed to or shared with members of the NBA Family to operate our business, communicate with you, and market the Services.
  • Information shared for advertising purposes: Yes
• Survey or Promotions Partners. When you participate in a survey, sweepstakes, or contest related to our Services, we share your information like contact information, identifiers, protected classifications and demographic data, and your preferences or interests to market and advertise our Services and communicate with you.
  • Information shared for advertising purposes: Yes, in some circumstances.
• Analytics Platforms. We share device data, network activity information location data, and third-party integration information with these third parties who allow us to analyze the way our Services are used, prevent fraud, and improve the Services.
  • Information shared for advertising purposes: Yes
• Advertising Networks. We share identifiers, demographic data, device data, internet and network activity information, location data, commercial information, and your interests and preferences for marketing and advertising purposes.
  • Information shared for advertising purposes: Yes
• Service Providers and Vendors. We may disclose any of your information we collect to operate our business and for security and compliance purposes.
  • Information shared for advertising purposes: No
• Advisors and Compliance Professionals. We may disclose any of your information we collect in connection with legal advice related to our Services.
  • Information shared for advertising purposes: No
• Prospective Pacers Family Companies. We may disclose any of your information we collect in connection with a potential future merger, acquisition, or business transaction related to the Pacers Family corporate group.
  • Information shared for advertising purposes: No
• Courts, Law Enforcement, and Government Agencies. We may disclose any of your information we collect about you to demonstrate our compliance with any laws or regulations, enforce our rights or your rights in court, conduct lawsuits, or in connection with a law enforcement investigation.
  • Information shared for advertising purposes: No
• Social Media Providers (e.g., Facebook, Twitter). We offer you the ability to share your experience on our Services with your friends and followers on certain social media platforms. These social media providers may collect information about you, including your activity on our Services. These social media providers may also notify your friends, both on our Services and on the social media platforms, that you are a user of our Services or about your use of our Services. If you choose to access or use third-party social media platforms, we may receive information about you that you have made available to those social media providers, including information about your contacts on those social media platforms. Your interactions with those social media providers and platforms are governed by the privacy policy of the third party providing that service.
  • Information shared for advertising purposes: Yes

These third parties are only authorized to use your data as permitted under this Policy, or as disclosed to you at the time your data is collected. Please note, however, that these third parties may supplement data collected or received in connection with the Services with data they collect or receive through other websites, platforms and services, in accordance with the policies and disclosures posted on those websites, platforms and services. Within the past twelve months, we have disclosed the following categories of personal information: personal identifiers, commercial information, Internet/other electronic network activity information, geolocation data, characteristics of protected classifications, and inferences drawn from this information.

The Services may also contain links to, or integrations with, other websites, platforms or services that are not operated or controlled by the Pacers Family (each a “Third-Party Site,” and collectively, the “Third-Party Sites”).  Please note that this Policy does not apply to those Third-Party Sites.  For more information on how those Third-Party Sites collect, use and share data, we suggest that you contact the operators of those Third-Party Sites directly.

I. Children and Parents

 

Although there are Pacers Family customers of all ages, the Services are not directed at children under the age of 16, and our policy is to not knowingly collect personal data from children under the age of 13, nor to sell personal data of individuals under the age of 16. We encourage parents and guardians to monitor their children’s online behavior, put parental control tools in place, and teach children not to provide their personal data through the Services without parental consent. For certain activities in which children are allowed to participate (e.g., Pacers Kids Club), any request for personal data (such as registration data) is intended for and directed to the parent or legal guardian.

If you have reason to believe that a child under the age of 13 has provided personal data to us without parental consent, please contact us using the methods described in the “How to Contact Us” section of this Policy, and we will endeavor to delete that data from our systems.

For children located in jurisdictions regulating the processing of children’s personal information, we comply with age limits applicable in each jurisdiction. In these instances, the references above to the ages of 13 and 16 will be deemed to be references to the age limits applicable in each jurisdiction. Where this Policy refers to consent, this will require the consent of a parent or legal guardian in relation to any person under the age limits applicable in each jurisdiction.

J. Storing Data

 

Personal data collected by the Pacers Family may be stored and processed outside the region in which it is collected, in the United States. We take steps to ensure that the data we collect under this Policy is stored and processed in accordance with this Policy regardless of where the data is located. By providing personal data in connection with the Services, you acknowledge and agree that such personal data may be transferred from your current location to the offices and servers of the Pacers Family and our authorized third-party service providers located in the United States. Our practice when transferring personal data is to rely on standard data protection contract clauses or individual consent.

We retain personal data for as long as necessary to provide the Services, or for other necessary purposes such as complying with our legal obligations and enforcing our agreements. Because these factors vary for different types of personal data, actual retention periods may vary.  The criteria we use to determine the appropriate retention periods include:

• How long is the personal data needed to provide the Services? This is the baseline for most data retention periods.
• Do users expect that we will retain the personal data until they affirmatively remove it? For example, if a user is able to directly access, edit or remove the personal data at any time, we may maintain the data until the user affirmatively removes it.
• Is the personal data of a sensitive type? If so, a shortened data retention period will generally apply.
• Has the user provided consent for a longer retention period? If so, we will retain the data in accordance with the user’s consent.
• Are we subject to a legal, contractual or similar obligation to retain the personal data? If so, we will retain the data in accordance with our obligations.

K. Your Rights and Choices

1. Your Rights

The Pacers Family seeks to ensure all individuals are provided with the rights mandated by their governing jurisdiction. Not all of the rights discussed in this Privacy Policy will apply to each individual person and may not apply to you depending upon your jurisdiction. You can contact us at data@pacers.com to learn more about your information in connection with the Services.

You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so by contacting us. Upon request, the Pacers Family will provide you with information about whether we hold any of your personal information. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format.

2. California Privacy Rights

This section supplements this Policy with additional information for California residents only. As noted above, we collect data that you provide directly when you register for or use the Services, user credentials that you supply directly when you register for or update your login information to use the Services, demographic data, payment data, device data, usage data, location data, information about your interests and preferences, third party integrations, and other third party data.  In accordance with the California Privacy Rights Act (“CPRA”), California residents have the right to request that we disclose the following information about our collection and use of personal information over the twelve months prior to your request:

• The categories of personal information we collect about you.
• The categories of sources for the personal information we collect about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information collected about you.
• If we disclosed your personal information for a business purpose, a list of the categories of personal information we have disclosed in the prior twelve months.
• If we sold your personal information for a business purpose, a list of the categories of personal information we have sold in the prior twelve months.

You also have the right to request that we delete any of your personal data. In some circumstances, we may not be able to honor your request for deletion – for example, if we need to hold on to your data to protect the security or functionality of our operations, to service your account, or to comply with legal obligations.

You have the right to request that we correct incomplete or inaccurate personal data we hold about you. For example, if you recently changed your name or address then you may ask us to update our records.

To ask for a record of the data we hold about you, to ask that we correct inaccurate or incomplete information, or to ask us to delete your personal data, please submit a web form request here, or email us at data@pacers.com. You must provide enough information that we can verify who you are and that you are a California resident. We will only use personal information provided in a request to verify the requester’s identity and authority to make the request.

You also have the right to direct us not to sell or share your personal information at any time. We have sold the following categories of personal information within the last twelve months: personal identifiers, commercial information, Internet/other electronic network activity information, geolocation data, characteristics of protected classifications, and inferences drawn from this information.  To opt-out of the sale or sharing of your personal information, you may submit submit a web form request here, or by email at data@pacers.com.

You have the right to designate an authorized agent to make any of these requests under the CPRA on your behalf. 

We will not discriminate against you for exercising any of your CPRA rights. Unless permitted by the CPRA, we will not:

• deny you goods or services.
• charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• provide you a different level or quality of goods or services.
• suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may still offer you certain financial incentives that can result in different prices, rates or service quality levels as permitted by the CPRA.

3. European Privacy Rights

We rely on a number of legal bases to process the information we receive about you from your use of the Services, including where you have consented to the processing, and where the processing is necessary to perform contractual obligations, including those of our Terms of Use, to comply with a legal obligation, for the purposes of legitimate interests, or where you have expressly made the information public.

Where we process your information on the basis of consent, we will clearly obtain your opt-in consent. Where given, you may withdraw your consent at any time by contacting us at data@pacers.com. Where we process your information on the basis of legitimate interests, we do so where the processing is necessary for your legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect your personal information which overrides those legitimate interests.

We adhere to applicable data protection laws in the European Union (“EU”). In accordance with the General Data Protection Regulation (“GDPR”), users who are located in the EU have the following rights: 

• If the processing of personal data is based on your consent, the right to withdraw consent for future processing of that data.
• The right to request access to and rectification of your personal data.
• Subject to limitations as provided for in GDPR, the right to request restriction of the processing of your personal data.
• Subject to limitations as provided for in GDPR, the right to request erasure of your personal data.

You may also have a right to lodge a complaint with an appropriate data privacy regulatory authority.

If we process your information based on our legitimate interests as explained in this Privacy Policy, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.

Where you have provided consent to certain data processing, you have the right to withdraw that consent at any time by contacting the Pacers Family at data@pacers.com. Withdrawal of consent will not affect the validity of our use of your personal information up until the point you have withdrawn your consent.

If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may contact us using the information above.

4. Brazilian Privacy Rights

We adhere to the Brazilian General Data Protection Law (“LGPD”), which applies to data processing operations carried out in Brazil, individuals located in Brazil, and personal data collected in Brazil.  In accordance with the LGPD, Brazilian data subjects have the following rights:

• If the processing of personal data is based on your consent, the right to withdraw consent for future processing of that data.
• Confirmation of the existence of data processing.
• Access to your own personal data.
• Correction of incomplete, inaccurate, or outdated data.
• Anonymization, blocking, or elimination of unnecessary or excessive data.
• Portability of your personal data to other service providers or suppliers.
• Information about the sharing of your personal data.
• Information about the possibility of not providing consent to the use of your personal data for a specific purpose and the consequences of doing so.

You may contact us by using any of the methods described in the “How to Contact Us” section of this Policy.  You may also contact our Data Privacy Officer, by any of the following methods:

• By sending an email to data@pacers.com; or
• By calling us at 1-844-969-2580

L. Choice of Law/Jurisdiction

You agree that any dispute over this Policy will be brought in a court of competent jurisdiction in Marion County, Indiana and that this Policy shall be governed by Indiana law without regard to its internal rules on the conflicts of laws. Jurisdiction for any claims arising under this Policy shall lie exclusively with the state or federal courts in Indianapolis, Indiana.

Without limiting anything set out elsewhere in this Policy, we may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. We assume no obligation to inform you that your information has been disclosed, and, in some cases, may be prohibited by law from providing such notice.

M. Changes to Our Policy

The Pacers Family may modify this Privacy Policy from time to time. The most current version of this Privacy Policy will govern our use of your information and will be located at https://www.pacersteamstore.com/pages/privacy-policy. You may contact us to obtain prior versions. We will notify you of material changes to this Policy by posting a notice at the Services or by emailing you at an email address associated with your Services Account, if applicable, and provide an “at a glance” overview of any changes.

N. Contact Us

If you have any questions about this Policy, or to exercise or learn more about your opt-out options described herein, please contact us at:

• By sending an email to data@pacers.com
• Toll free number: +1-888-914-9661, Pin#881211