Privacy Policy
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Privacy Policy

This privacy policy (“Privacy Policy”) is applicable to the website of Silicon Valley Sports and Entertainment, the San Jose Sharks, SJSHARKS.com, and its affiliates, including but not limited to, HP Pavilion at San Jose, Worcester Sharks, China Sharks, SJSHARKIE.com, Sharks Shop Online, SAP Open, Fight Night at the Tank, Strikeforce, SVSE Publishing, SVSE Merchandise, Sharks Ice at San Jose, Sharks Ice at Fremont, Oakland Ice Center, SVSE Sponsor Connect, and Silicon Valley Sports & Entertainment (herein collectively, "SVSE" “we”, or “us”). The SVSE websites are operated by Americaneagle.com and NHL.com (“Operator”) and will collectively be referred to as the “SVSE Site”. SVSE’s policy is to respect the privacy of visitors and users of the SVSE Site (herein “you”, “your” or “users”). SVSE does not sell, share or rent user personal information to others in any way that we have not mentioned in this statement. SVSE uses reasonable precautions to keep the personal information that you disclose when you browse, send or exchange emails, or make purchases or other uses of the SVSE Site.

1. Information We Collect.

Except for the automatically collected information (described below) SVSE does not collect personally identifiable information about individual users except when such information is provided on a voluntary basis. For example, personally identifiable information may be gathered from an entry into a promotion, contest or sweepstake, the registration process for subscription sites or services and in connection with content submissions, community postings (e.g., chat and bulletin boards), subscription to newsletters, subscription and use of our text messaging service, suggestions, emails, voting/polling activities and transactions when merchandise or services are ordered or bought. This information may vary but may typically include your name, home address, telephone number, e-mail address, age, date of birth, interests and for purposes such as legal compliance. If you place an order on the SVSE Site, we may collect your credit card number (including the CVV code), expiration date, shipping, billing and other information based on your purchase activity on the SVSE Site.

Automatically Collected Information:                    
You also should be aware that non-personal information and data (such as the pages you visit on the SVSE Site as well as your IP address) may be automatically collected through the standard operation of SVSE’s internet servers or through the use of “cookies”. Cookies are used to identify SVSE Site visitors or members so they do not have to re-enter an user ID and password, when, for example, the member wants to post a comment on a discussion board or order merchandise. Cookies help us improve user experience and display more prominently goods and services that might interest you. If you do not have the cookies feature of your browser enabled (and in most, if not all, browsers are enabled by default), you may be required to enter your password each time you access SVSE’s Site, or any of the member features and you may not be able to access some information or features on the SVSE Site.

Cookies are small text files a web site can use to recognize repeat users, facilitate the user's ongoing access to and use of the site and allow a site to track usage behavior and compile aggregate data that will allow content improvements and targeted advertising. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. You should be aware that SVSE cannot control the use of cookies or the resulting information obtained by advertisers or third parties that manage or place advertisements or links on website, once you’ve clicked on an advertisement or link to another website and have left our website, our Privacy Policy no longer applies and you must read the privacy policy of the advertiser to see how your personal information will be handled on their website. If you do not want such information collected through cookies, there is a relatively simple procedure in most browsers that allows you to deny or accept the cookie feature. However, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information) available on the SVSE Site. If you decline acceptance of cookies, you may experience less than optimal performance of the SVSE Site.

2. How We Use The Personally Identifiable And Other Information and Who we may Disclose Such Information to.

SVSE may use your information to provide you with services and information you have requested or products you have purchased, to respond to specific inquiries made by you, to resolve any disputes or collect fees, to prevent illegal or fraudulent activities, to comply with law, a governmental or judicial order, to enforce the terms of use of the SVSE Site to improve our services; enforce any contest or sweepstake rules; protect a user’s safety or security including the safety and security of property that belongs to a user; and/or protect our safety and security and the safety and security of our websites, our affiliates and/or third parties, including the safety and security of property that belongs to us, our affiliates or third parties.

If you place an order on the SVSE Site, we will use your financial information to bill you for products and services or otherwise process your transaction. By making a purchase on the SVSE Site, you consent to us providing your financial information to our service providers to process your transactions. These third parties may include credit card companies and banking institutions used to process the transaction.

We may use this information for our internal business purposes, for example, to tailor the SVSE Site content or to assess the amount of traffic to the SVSE Site. SVSE may provide third parties with aggregate statistics about our visitors, traffic patterns and related site usage information. This data reflects the SVSE Site usage patterns gathered during thousands of user visits to the SVSE Site. SVSE may also provide log files and other databases of user information to third parties for analysis so that we may improve our content offerings, graphics, layout, ease of the SVSE Site use or navigation, and the like.

Further, notwithstanding any opt out of promotional information by you, SVSE reserves the right to contact you regarding account status, changes to the subscriber agreement and other matters relevant to the underlying service and/or the information collected.

SVSE may disclose your information in special cases when in our sole judgment we have reason to believe that disclosing this information is reasonably necessary to identify, contact or bring legal or other corrective action against someone who may be misusing the SVSE Site or any of its features, for example, by inducing or causing injury to or interference with (either intentionally or unintentionally) the rights, reputation, identity, sensibilities or property of SVSE or its users, or anyone else that could be harmed by such activities. The law may require SVSE to share your personal and non-personal information (such as “Cookies” described above) pursuant to judicial or governmental orders, subpoenas or warrants. Under such circumstances, SVSE reserves the rights to block access to the SVSE Site to one or more individual users, close the SVSE Site and/or disclose user information to the respective judicial or other governmental authority. In addition, SVSE reserves the right to use and disclose your personal and non-personal information for purposes of investigating or taking action relating to any illegal or fraudulent activities or other activities that pose a threat to the physical safety of any person or for the violation of the terms of use of the SVSE Site or as otherwise required by applicable law.

If you submit a text message to SVSE, we may broadcast the content of the text message by means of our jumbotron during a game.  The jumbotron may be filmed during a game, and your text message may be rebroadcast over television networks and the Internet. Your text message may therefore be viewed by other users or the public.  We urge you to use good judgment and not text information that you do not want the general public to know.

SVSE may disclose your information to our employees, contractors, affiliates, distributors, dealers, vendors and suppliers who process such information on our behalf, participate with us in the provision or operation of the SVSE Site or provide you with services. Information collected from you may be transferred to a third party as a result of a sale or acquisition, or merger or any other transfer of assets transaction involving SVSE or one of its companies.

SVSE reserves the right to perform, or have performed by third parties, statistical and other analyses of user behavior and characteristics in order to measure interest in and use of the various pages, or functional, graphical or informational frames or areas of the SVSE Site, and to inform advertisers of such analyses as well as the number of users that have been exposed to or clicked on their advertising banners. SVSE will provide only aggregated anonymous data from these analyses to third parties.

You should also be aware that SVSE may sometimes permit third parties to offer subscription and/or registration-based services through an SVSE Site. Such third parties have their own privacy policies that may differ from the policy of the Sharks. Accordingly, SVSE is not responsible for any actions, policies or breaches of security or privacy of such third parties; users are urged to check the applicable privacy policy of any such party to determine if it is acceptable to the user before providing any personally identifiable information.

Additionally, through an SVSE Site you may be introduced to or be able to participate in activities, subscribe for certain services, text us messages or otherwise access or participate in promotions, including, without limitation, participation in contests or sweepstakes, subscription to newsletters or magazines, participation in voting/polling activities and other any activities or services (collectively, “Public Activities”) sponsored or offered by SVSE or any SVSE sponsor, advertisers or third parties (sponsors, advertisers and third parties collectively, “Third Parties”). When you participate in such Public Activities, we may also share your personally identifiable information with Third Parties. We are not responsible for the actions or policies of such Third Parties. You should review the applicable privacy policy of such Third Parties before participating in Public Activities to understand how your personal information may be used. Notwithstanding the foregoing, we currently do not knowingly allow children under thirteen years of age to enter any Public Activities hosted by Third Parties. Please see Section 10 for restrictions on children’s participation in a Public Activities. Users should also be aware that when they voluntarily disclose personally identifiable information (e.g., name, image, e-mail address, home or work addresses or phone numbers, identity or credit information, or the like), through text messages, on bulletin boards or in chat areas of the SVSE Site(s), such information, along with any substantive information disclosed in the user's communication, can be collected, correlated and used by the Third Parties, Third Parties’ bulletin board viewers or chat site participants, silent observers and members of the public. Therefore, providing such information may result in unsolicited messages from, or other use by other posters or Third Parties. Such activities are beyond the control of SVSE, and SVSE is not liable for any harm to you by misuse of such information by Third Parties.

3. Special Rules for Children under 13 Years

Federal law prohibits us from collecting any personal information from a child under thirteen (13) years of age without the verifiable consent of such child’s parent. The statements in this Privacy Policy about the collection and use of personal information shall also apply to treatment of personal information obtained from children under 13 years of age, except that such children are prohibited from conducting any financial transactions on the SVSE Site, from participating in chat room discussions. SVSE shall not disclose personal information relating to a child under 13 years of age to any third party. In addition, the added protection of the special rules promulgated under the Children’s Online Privacy Protection Act (“COPPA”) shall apply to any personal information relating to children under 13 years of age.

4. Links to Third Party Web Sites

Please note that the SVSE Site may contain links to web sites that are not operated by SVSE, such as any SVSE sponsor, the NHL, the AHL and the ECHL. SVSE is not responsible for the privacy practices or the content of such websites, or use of information you might provide these other sites. We recommend strongly that you carefully review the privacy policy posted on each linked other site that you use to determine whether that site's policies are acceptable to you before providing personally identifiable information. We cannot guarantee the security of any information you disclose to such other websites and you do so at your own risk.

5. User’s Ability to Opt-Out

Beginning at the point of SVSE’s first email or text message with the user, and upon each subsequent email or text message, the user will have the opportunity to indicate whether he or she would like to "opt out" of receiving promotional and/or marketing information about other products, services and offerings from SVSE and/or any third parties. Upon such request, SVSE will allow any user to "opt out" of further promotional contacts at any time. Additionally, upon request, SVSE will use reasonable efforts to allow users to update/correct personal information previously submitted which the user states is erroneous to the extent such activities will not compromise privacy or security interests. Also, upon a user's request, SVSE will use commercially reasonable efforts to functionally delete the user and his or her personal information from its database; however, it may be impossible to delete a user's entry without some residual information because of backups and records of deletions.

The foregoing policies are effective as of March 1, 2009. SVSE reserves the right to change this policy at any time by notifying users of the existence of a new Privacy Policy. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any user, and use of the SVSE Site operates as full consent by each user to collection and use of user's personal information within the guidelines and limitations outlined herein.

6. Security Measures

SVSE has adopted generally acceptable security measures to protect your personal information against loss, misuse and alteration when such information is within SVSE’s control. These services are stored in New York for the NHL.com and in the Chicago area for Americaneagle.com hosted sites.

Please note that despite all precautionary steps, no data transmission over the Internet can be guaranteed to be 100% secure. SVSE will use commercially reasonable measures to protect your information but does not warrant that the information transmitted to us will be secure at all times.

7. Your Obligations as a User

By using the SVSE Site, you signify your assent to SVSE’s Privacy Policy. Please note that SVSE is the sole owner of all information collected during use of the SVSE Site. If you do not agree to this policy, please do not use the SVSE Site. Your continued use of the SVSE Site following posting of changes to this Privacy Policy will mean that you accept the revised Privacy Policy.

If you accept this Privacy Policy, which is indicated by your continued use, you must always comply with the terms of the then-current Privacy Policy and any other terms and conditions posted on the SVSE Site. You will respect all intellectual property rights of SVSE and any third parties relating to the content on the SVSE Site or services provided through the SVSE Site (for example, photographs and newsletters).

You are solely responsible for maintaining the secrecy of your login information, including any passwords and user names. At no time will SVSE require you to transmit your password information to SVSE via email. Should you receive any such requests, please contact info@sjsharks.com to authenticate such inquiry before responding to the same.

If you have questions or concerns regarding this Privacy Policy or about the use of your personally identifiable information, you should first contact the SVSE via email at webmaster@sjsharks.com.

8. Governing Law

Any disputes arising between SVSE and you in relation to your use of the SVSE Site shall be governed by the laws of the State of California, without regard to its choice of law provisions and the federal and state courts located in San Jose, California shall have exclusive jurisdiction over all claims.

9. Amendment Procedure and Questions Regarding this Privacy Policy

We may amend this Privacy Policy at any time. If we amend this Privacy Policy to permit material changes in the way we collect, use and/or share your personal information, we will notify you of such changes by sending you an e-mail at the last e-mail address that you provided to us, and/or by prominently posting notice of the changes on our website. Any such material changes to this Privacy Policy will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on our website. Any such material changes to this Privacy Policy may affect our use and sharing of personal information that you provided to us before our notification to you of the changes. If you do not wish to permit material changes in our collection, use or sharing of personal information that you have provided to us before the effective date of such changes, you must so notify us before that effective date. Please be advised, however, that, regardless of whether you provide such notice to us, the changes to this Privacy Policy will apply to any personal information that you provide to us on or after the effective date of such changes. Notwithstanding the foregoing, any changes to this Privacy Policy that materially affects the manner in which we collect and use personal information relating to children under thirteen (13) years of age will become effective in relation to each child only pursuant to receipt of written consent from the parent of such a child. To the extent that such material changes are necessary for continued access to a service on the SVSE Site, failure to receive parental consent may result in the child not being able to access such a service. Questions regarding this statement should be directed to the Privacy Policy Coordinator, Legal Department, San Jose Sharks, 525 West Santa Clara Street, San Jose, CA 95113.

10. Children's Privacy Statement (users under 13 years old)

SVSE and its affiliates take our responsibilities to our younger visitors seriously and intend to fully comply with the requirements of the Children's Online Privacy Protection Act and the Guidelines promulgated by the Children's Advertising Review Unit of the Better Business Bureau.
        
  • In general, we do not knowingly collect personal information from children under 13 via the SVSE Site, such as in our fan chat rooms.
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  • In the future we may offer children the opportunity to participate in Public Acivities (defined above) via the SVSE Site. To participate in Public Acivities on the SVSE Site, children will be required to print a paper entry form from the SVSE Site along with a copy of this Privacy Policy (which will be attached to the entry form) and have their parents sign and mail or fax the form to us. The parent’s submission of the entry form indicates the parent’s acceptance of our collection and use of personal information about their child. A child’s parent has the option to consent to the collection and use of their child’s personal information without consenting to the disclosure of that information to third parties, but if such disclosure is necessary to make available a service which has been requested, then the child will not have access to such service. Children will not be permitted to provide personal information via the SVSE Site or to sign up for Public Acivities online.
Information Collected.
Information collected about a child could include personal information such as name, email address, address and age of a child. SVSE will not ask for more information than reasonably necessary for participation in the activity chosen by the child. A parent can review his or her child’s personal information by accessing the child’s preferences. In addition, a parent can instruct SVSE to delete, stop collecting or using his or her child’s personal information by contacting webmaster@sjsharks.com.

Use of Information Collected.            
SVSE will use the personal information collected about a child to provide the child with the special services for which he or she has registered, as well as fulfilling a requested transaction, record keeping or marketing back to the child. The child will not be permitted to participate in chat rooms.

Disclosure.
SVSE and the Operator will maintain the confidentiality, security and integrity of the personal information collected about a child and such information will not be disclosed to any third parties.

All questions about our policies related to children's data and our data sharing practices should be directed to webmaster@sjsharks.com.

None of NHL ICE, NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., the National Hockey League and its other member clubs, nor any of their respective officers, directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns, have any control of, or responsibility or liability for, our use, disclosure, storage or transmission of any information collected through the SVSE Site.

 
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