THE UPPER DECK COMPANY PRIVACY POLICY
This Upper Deck Company Privacy Policy (the “Privacy Policy”) discloses The Upper Deck Company’s (“UDC”) privacy practices and use of data collected from you by UDC, its agents, or affiliates (if applicable). The Privacy Policy applies to all of UDC’s services and activities including but not limited to, its websites, stores, applications, promotional events and contests (collectively the “Website”).
“Personally Identifiable Information” is information that identifies you and may be used to contact you online or offline. UDC only collects Personally Identifiable Information from you on a voluntary basis, through registration, downloads, contest or sweepstakes entries, mailing/newsletter subscriptions, purchases, and technical support or customer service requests. The information UDC collects and stores will depend on the activity, but may include your first and last name, age and birthdate, shipping and billing address(es), e-mail address, and phone number. UDC does not collect any Personally Identifiable Information about you unless you voluntarily provide it to UDC. If you make a purchase from the Website, as applicable, UDC may also collect a credit or debit card number or other financial information, CVV, and billing address. Any credit card information that you provide will only be used as is necessary to process payments and prevent fraud during processing. If you make any purchases associated with or on the Website, as applicable, using any third-party payment processor, that third-party payment processor will collect your email address as well as the billing and payment information it needs to process your charges. UDC and its third party payment processor do not use credit card information for any other purposes, and UDC does not store any credit card information without prior authorization or request to do so. Except as provided herein, when you ask for help from UDC customer service, UDC will collect and store the contact information you give them (generally, your name and e-mail address, and information about your activity on the Website). To participate as a user on the Website, or in online activities, special events, contests, sweepstakes, or blog comment areas, you may be required to provide Personally Identifiable Information.
“Non-Personally Identifiable Information” is information that cannot be used to personally identify you. The Non-Personally Identifiable Information UDC may collect includes the time and date of access, device information, location information, anonymous usage data while you are using the Website, preferences you submit and preferences that are generated based on the data you submit and/or number of clicks, referring/exit pages, a website’s Uniform Resource Locator (“URL”) that you just came from or the URL you go to next, and your Internet Protocol (“IP”) address. However, to the extent that any of the aforementioned identifiers or similar identifiers are considered personal information by law, UDC also treats these identifiers as Personally Identifiable Information.
The Website may contain chat functions, forums, message boards, links to social media websites, and/or personal websites. UDC collects information about your communication and any information you choose to provide. Please remember that any information that is disclosed on any of the aforementioned mediums is public information and you should exercise caution when deciding to disclose your Personally Identifiable Information.
Personally Identifiable Information: UDC will use your Personally Identifiable Information internally to: provide you with access to the Website, enhance the operation of the Website, process orders and notify you based on the status of your order, send you products you may have ordered, notify the winners of UDC contests and sweepstakes, address fraud concerns, communicate with you and respond to questions and issues, provide technical support, send you promotional materials and push notifications where opted-into, solicit feedback from users, conduct marketing and user preference related research, and let you know about upcoming changes or improvements to the Website UDC shares your Personally Identifiable Information to its third party licensors pursuant to its agreements and including, without limitation, for their direct marketing purposes including by mail and email. UDC provides some services through contractual arrangements with third-party service providers, including a payment processor and a card fulfillment processor. UDC will share your Personally Identifiable Information as necessary for that certain third party to provide these services and operate the Website. However, you may request more information on the use and storage of your Personally Identifiable Information as expressed in Section 4 of this Privacy Policy.
Non-Personally Identifiable Information: UDC will use Non-Personally Identifiable Information to help enhance the operation of the Website customize the user experience and the Website’s content and layout, and improve UDC marketing and promotional efforts. UDC also aggregates Non-Personally Identifiable Information, including your IP address, in order to track trends and analyze use patterns on the Website, for the purposes of system administration, to report aggregate information to its affiliates, business partners, third party vendors, advertisers, licensors, and other third-parties at UDC’s discretion, and to audit the use of the Website. UDC can and will use IP addresses to identify a user and to gather broad demographic information. This Privacy Policy does not in any way limit UDC’s use or disclosure of Non-Personally Identifiable Information to UDC affiliates, partners, third party vendors, advertisers, licensors, and other third-parties at UDC’s discretion. Please review each service prior to use.
Please be aware that, to the extent permitted by law, UDC may access and disclose your information if UDC (a) is required to do so by law or court order or (b) has a good faith belief that such access or disclosure is reasonably necessary to (i) comply with applicable laws, regulations, or legal process; (ii) enforce the UDC Terms and Conditions of Use for the Website (the “Terms”); (iii) respond to claims that your use of the Website has violated rights of UDC or third parties; (iv) respond to your requests for customer service; (v) share such information with its third party licensors, third party vendors, advertisers, licensors, and other third-parties at UDC’s discretion per any agreement or obligation; and (vi) troubleshoot software bugs and operational problems. UDC may transfer the information collected through the Website if UDC is acquired by, sold to, or merged with another entity. UDC may also share the information with subsidiaries and affiliated and related entities that provide services on UDC’s behalf or in connection with UDC, including allowing UDC to share participant data with applicable third party licensors and data recipients for direct marketing purposes.
Additionally, UDC may use your information to (a) resolve any disputes with regard to other users, your accounts, third parties, or use of the Website, (b) enforce the Terms, (c) detect, prevent, and ameliorate fraud, spam, abuse, security incidents, and other harmful activity, (d) verify or authenticate information or identifications provided by you, (e) send you service or support messages, such as updates, security alerts, and account notifications, (f) provide customer service, (g) enable you to communicate with other Website users, and (h) operate, protect, improve, and optimize the Website. You may opt-out of receiving information from UDC by clicking the “unsubscribe” button in any e-mail you receive or by contacting UDC using the contact information available in Section 14.
UDC uses Google Analytics, a web analytics service provided by Google, Inc., located at 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”) Google Analytics uses Cookies, and UDC processes your data based on UDC’s overriding legitimate interest to provide easy-to-use website access statistics in a cost-effective manner (pursuant to Article 6 of the General Data Protection Regulation). Google uses this information on UDC’s behalf to evaluate your use of the Website, to compile reports on the Website’s activity, and to provide UDC with other services related to activity on the Website and internet usage. The IP address sent by your browser as part of Google Analytics will not be merged with other data on Google. You can prevent such storage of Cookies by following the direction above. You may also opt-out of Google Analytics and prevent Google from collecting your data in connection with Google Analytics by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout.
UDC may use the following social media plug-ins including, without limitation, Facebook, Instagram, Pinterest, YouTube, Discord, Twitter, and other applications. If you visit the Website initially, no Personally Identifiable Information will be transmitted to the provider of the plug-in. UDC gives you the opportunity to communicate directly with the provider of the plug-in via the corresponding button. By clicking on the button, the social plug-in will be activated and the plug-in provider receives the information that you have visited UDC’s online service. By activating the plug-in, personal data will be transmitted by you to the respective plug-in provider and stored there. Since the plug-in provider carries out the data collection in particular via Cookies, UDC recommends that you delete all Cookies via the security settings of your browser before clicking on the plug-in. UDC has no influence on the collected data and data processing operations, nor is UDC aware of the full extent of the data collection, the purpose of the processing, or the storage periods. UDC does not have the ability delete the data collected by the plug-in provider. For more information on the purpose and scope of the data collection and its processing by the plug-in provider, please refer to the privacy statements of the plug-in providers.
(a) If you wish to modify, verify, correct, or update any of your Personally Identifiable Information collected through the Website, you may edit your registered user information in your account settings or contact us using the contact information in Section 14. In accordance with UDC’s routine record keeping, UDC may delete certain records that contain Personally Identifiable Information you have submitted through the Website. UDC is under no obligation to store such Personally Identifiable Information indefinitely and expressly disclaims any liability arising out of, or related to, the destruction of such Personally Identifiable Information. It may not always be possible to completely remove or delete all of your information from UDC’s databases without some residual data because of backups and other reasons.
(b) You may direct UDC not to share your Personally Identifiable Information with third parties (other than UDC’s service providers), not to use your Personally Identifiable Information to provide you with information or offers, and not to send you newsletters, e-mails, or other communications by modifying your registered user information on your account or contacting us using the contact information in Section 14.
(c) Please note that while you may have the opportunity to opt-out of targeted advertising and you may be able to control the use of Cookies through your web browser as described above, some web browsers may also give you the ability to enable a “do not track” setting. This setting sends a special signal to the websites you encounter while web browsing. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, UDC currently does not take action in response to these signals, but when a final standard is established and accepted, UDC will reassess how to respond to these signals.
If you are a citizen of a European Country and under the age of 18, or a citizen of the United States or Canada and under the age of 13, if applicable, any account must be under the supervision of a parent or legal guardian who agrees to be bound by this Privacy Policy and the applicable Website terms and conditions.
All of the aforementioned requests and objections may be directed to [email protected] Please note that the data subject access rights described above are not absolute, and in many cases are subject to exceptions or other restrictions. If UDC determines that a request is invalid or does not correspond with the data subject access rights provided by GDPR, UDC will inform the data subject of such determination promptly upon reaching that conclusion.
Pursuant to the GDPR, as a data subject, you may request UDC erase the personal data held by UDC by contacting us through http://upperdeck.com/requests/ , along with the requirements stated in Section 4(b). Under Article 17 of the GDPR, data subjects have the right to request the erasure of their personal data if one of the following grounds applies:
However, the right to erasure is not required under the GDPR, to the extent that data processing is necessary:
Pursuant to the GDPR, data subjects may request confirmation from UDC regarding whether or not UDC has processed their personal data. If your personal data has been processed, as a data subject you may request the following information:
being disclosed;
this, criteria for specifying the duration of storage;
you; and
GDPR, and at least in these cases, meaningful information on the logic involved and the consequences and intended effects of this kind of processing for you.
Data subjects also have the right to request information about whether or not their personal data has been transmitted to another country or an international organization. Such requests may be directed to [email protected]
Data subjects shall have the right to request UDC to restrict processing of personal data if one of the following conditions is met:
As the data controller, UDC may process and retain your personal information on UDC’s servers in the United States. In order to provide data subjects with access to and use of the Website and the ability to make purchases, and utilize other functionality on the Website, and allow third party data processors have access to and process your personal data. Third party data processors include service providers, hosting providers, data storage providers, and other technical partners who help UDC administer the Website, or process the data submitted to the Website.
Where a data subject requests the erasure of their personal data pursuant to the terms in this Privacy Policy, all related accounts and the contents in each account will be permanently unrenderable and inaccessible. Following such requests, UDC is not responsible for any damages or loss pursuant to the deletion or loss of your personal data or account contents.
Effective Date: January 1, 2020
Last Revised: May 29 2020
This California Privacy Notice (“Notice”) explains what data UDC and its agents and affiliates (if applicable) collect from you through our interactions with you and through our products, services, events, and programs, including our websites, apps and digital platforms. This Notice applies only to California consumers as required by the California Consumer Privacy Act of 2018 (“CCPA”) and supplements UDC’s privacy policies.
UDC may change this Notice. Any changes will become effective when posted and your use of any service provided by UDC following these changes means that you accept them. We recommend that you regularly review this Notice when using UDC’s services.
Personal Information We Collect
When we say “Personal Information” in this Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you. It does not include publicly available information, deidentified, or aggregated consumer information, or information that cannot reasonably be linked to you.
The following categories of personal information may have been collected by us from our consumers within the last twelve (12) months:
Category |
Examples |
Identifiers. |
A name, alias, postal address, online identifier like usernames or screennames, Internet Protocol address, email address, Social Security number, driver’s license number, passport number, or other similar identifiers, insurance numbers, bank and credit card numbers. |
Commercial information. |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
Internet or other similar network activity. |
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. |
G. Geolocation data. |
Physical location or movements. |
Professional or employment-related information. |
Current or past job history or performance evaluations. |
Inferences drawn from other personal information. |
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
Our website may obtain the categories of personal information listed above from the following categories or sources:
Use of Personal Information
We may use, sell, or disclose the personal information we collect for one or more of the following purposes:
Sharing Personal Information
For business purposes, we may disclose your personal information to third parties. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.
We may share your personal information with the following third parties: third party vendors, contractors, advertisers, licensors, service providers, business partners, and affiliated entities.
Your Rights and Choices
This section describes California residents’ rights under the CCPA and how you can exercise them with UDC.
Right to Know
You can request what personal information we have collected, used, disclosed, and sold about you in the preceding 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
Right to Deletion
You can also request that we delete your personal information. We may not delete all of your personal information if one of the following exceptions applies:
We will also maintain a record of your CCPA Rights requests.
Right to Opt Out
You have the right to direct us not to sell your personal information at any time.
Right of Nondiscrimination
Exercising any right provided in this Notice will not lead to any discrimination. For example, it will not lead to any denial of any goods or services, different rates or prices for goods or services, and/or different qualities of goods or services.
Exercising Rights
To exercise the various rights described above, please submit a verifiable consumer request to us by either:
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
The personal data collected by us may be shared with any of UDC’s affiliated companies. These companies will hold and transmit all personal data in the same safe, confidential and secure environment as set out below. UDC may also share aggregate data with its affiliates, partners, third party vendors, advertisers, licensors, and other third-parties at UDC’s discretion and by accessing and/or using the Website, you expressly consent to such disclosure. This data does not contain any Personally Identifiable Information.
The Upper Deck Company
5830 El Camino Real
Attn: Customer Service
Carlsbad, California 92008
Phone: 1-800-873-7332
E-mail: [email protected]
16.Reservation of Rights. UDC reserves all rights with respect to your compliance with this Privacy Policy and the applicable terms and conditions on the Website.