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PRIVACY POLICY

Kroenke Arena Company, LLC (KAC”, “Us”, “our” or “We) respects the privacy of others.  This PRIVACY POLICY (this “Privacy Policy”) is intended to explain our privacy practices with respect to each website We publish that links to this Privacy Policy (each, together with its respective pages and features, a “Site”).  This Privacy Policy is also intended to provide you (together with any person helping you visit, access, register with or use any of those online or digital properties, products or services, “you” or “your”) with an overview of the following:

THIS PRIVACY POLICY APPLIES TO INFORMATION COLLECTED THROUGH EACH OF OUR SITES. CAREFULLY READ THIS PRIVACY POLICY IN ITS ENTIRETY.

YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS PRIVACY POLICY, AS WELL AS OUR TERMS OF USE, WHENEVER YOU CREATE, REGISTER WITH OR LOG INTO AN ACCOUNT ON OR THROUGH A SITE. SIMILARLY, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS PRIVACY POLICY, AS WELL AS OUR TERMS OF USE, WHENEVER YOU VISIT, ACCESS, REGISTER WITH, SUBSCRIBE TO OR USE A SITE OR ANY SERVICES PROVIDED BY US ON A SITE; AND YOUR CONTINUING VISIT, ACCESS, REGISTRATION WITH, SUBSCRIPTION TO OR USE OF ANY OF THE FORGOING REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.

As used herein, the term “personal information” means information (including personally identifiable information) that would allow someone to specifically identify you or contact you physically or online (e.g., your name, physical address, telephone number, email address, social security number); and the term “non-personal information” means any information other than personal information that We may collect from you.

  1. A SPECIAL NOTE ABOUT MINORS.

    Each of our Sites is a general audience website intended for use by adults. None of our Sites are designed or intended to attract, and are not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. We do not collect personal information through any Site from any person it actually knows to be under thirteen (13) years of age. If We obtain actual knowledge that We have collected personal information through a Site from a person under thirteen (13) years of age, then We will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.


    Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that KAC remove content or information about you that is posted on a Site. Please submit any such request (“Request for Removal of Minor Information”) to webmaster@teamkse.com, with a subject line of “Removal of Minor Information.”

    For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body:

    1. the nature of your request;
    2. the specific Site(s) that is/are the subject of your request;
    3. the identity of the content or information to be removed;
    4. the location on content or information on the Site (e.g., providing the URL for the specific web page the content or information is found on);
    5. that the request is related to the “Removal of Minor Information;”
    6. your name, street address, city, state, zip code and email address; and
    7. whether you prefer to receive a response to your request by mail or email.

    We are not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.

    PLEASE NOTE THAT THE AFOREMENTIONED REMOVAL DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF SUCH CONTENT OR INFORMATION POSTED ON ANY OR ALL OF OUR SITES.

    Also, please note that We are not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires Us to maintain the content or information; when the content or information is stored on or posted to a Site by a third-party other than you (including any content or information posted by you that was stored, republished or reposted by the third-party); when We anonymize the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.

    The foregoing is a description of Our voluntary practices concerning the collection of personal information through a Site from certain minors, and is not intended to be an admission that We are subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

  2. CATEGORIES OF INFORMATION COLLECTED.

    We collect personal and non-personal information about you through each Site. The categories of such information might include:

    • Your name (first, last and/or middle) and unique identifiers (e.g., username);
    • Your login information for a Site (e.g., username, password, security questions and answers);
    • Your contact information (e.g., mailing address, email address, telephone number, facsimile number, and company/organization name);
    • Your gender;
    • Your date of birth;
    • Your electronic signature;
    • Your business information (e.g., company, title, mailing address, email address, telephone number, facsimile number, tax ID number);
    • Information related to your inquires about possible advertising opportunities with Us and/or one or more of its parent, subsidiary or affiliated companies (e.g., brands, media, markets);
    • Information related to your inquiries about possible employment with Us and/or one or more of its parent, subsidiary or affiliated companies (e.g., name, mailing address, email address, telephone number, salary requirements, interests, resume);
    • Information related to your preferred content for automated updates and newsletters, including, for example your favorite teams, content, and venues;
    • Information related to your rental application (e.g., your organization name and contact information, the name of your event, space required, date and duration of your event, estimated attendance, ticket prices, sponsors, promoters, performers);
    • Information related to the Pepsi Center Plaza of Fame Brick Program (e.g., your contact information, your company name, how you heard about the program, and your comments);
    • Information related to upgrading your seat and/or experience at an event (e.g., your contact information and preferred events/teams);
    • Your computer, mobile device, and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exit web pages, web page requests, cookie information, hardware attributes, software attributes);
    • Third-party website, network, platform, server and/or application information (e.g., Facebook, Twitter, Instagram);
    • Usage activity concerning your interactions with a Site and/or third-party websites, networks, platforms, servers or applications accessed through a Site (e.g., how you accessed a Site, where you go when you leave a Site, number of clicks on a page or feature, amount of time spent on a Site or a page or feature, identity of third-party websites, networks, platforms, servers and applications accessed through a Site);
    • Usage activity concerning products and services provided to or accessed by you on or through a Site (e.g., number of viewers, viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections);
    • Your transactional information (e.g., offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and instant messages and/or other communications made within or through a Site);
    • Information about third-parties that you refer to Us (e.g., name, email and/or other contact information, relationship);
    • Information set forth in your online account registration, user profile, and/or user directory forms for a Site, if any;
    • Statements or content (e.g., comments, videos, photographs, images), and information about such statements or content, which you submit or publish on or through a Site, or which are accessed via your public or linked social media pages (e.g., Facebook, Twitter, Instagram);
    • Your feedback on your experience at the Pepsi Center (including comment/issue type, your contact information, the date of your event, your seat location, and your general comments/guest issues);
    • Your name associated with your mobile device;
    • Your telephone number associated with your mobile device;
    • Your geolocation; and/or
    • Your mobile device ID information.
  3. HOW INFORMATION IS COLLECTED.

    We collect personal and non-personal information from you when you visit, access, register with, subscribe to or use a Site; when you register for, subscribe to, order or purchase any products and/or services on, through or in relation to a Site; when you “sign in,” “log in,” or the like to a Site; when you allow a Site to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use a Site) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever We ask you for such information, such as, for example, when you process a payment through a Site, or when you answer an online survey or questionnaire, enter a sweepstakes or contest or sign up for a newsletter.

    In addition, if you or a third-party sends Us a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through a Site, then We may collect any personal or non-personal information provided therein or therewith.

    Finally, We use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:

    • Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity, and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device.
    • Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device. Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device. Flash cookies are not managed by the same browser settings that are used for regular cookies.
    • Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some web beacons from tracking or recording certain information about your activities.
    • Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to a Site, and deactivated or deleted when the user disconnects from a Site.
    • Analytic tools and services, which are sometimes offered by third-parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking.

    Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of a Site might not function properly.

    By visiting, accessing, registering with or using a Site, you acknowledge and agree in each instance that you are giving Us permission to monitor or otherwise track your activities on a Site, and that We may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies

  4. USE OF INFORMATION COLLECTED.

    We may use the personal and/or non-personal information We collect from you through a Site in a variety of ways, such as, for example, to:

    • Fulfill your requests;
    • Facilitate your movement through a Site;
    • Facilitate your use of a Site and/or its respective products and services;
    • Provide customer service;
    • Process your requests and applications for venue rentals and bookings, seat and experience upgrades, and mascot bookings;
    • Send you communications like, for example, administrative emails, answers to your questions and updates about a Site;
    • Allow you to communicate with others through a Site like, for example, through online forums, chat rooms, and bulletin boards;
    • Send you newsletters or other updates and promotional materials;
    • Provide you with information about Us and our parent, subsidiary or affiliated companies and/or their respective businesses, products and services by letter, email, text, telephone or other forms of communication;
    • Provide you with information about third-party businesses, products and/or services by letter, email, text, telephone or other forms of communication;
    • Improve a Site and/or its content, features and services;
    • Improve our products, services, marketing and/or promotional efforts and/or those of our parent, subsidiary or affiliated companies;
    • Create new products, services, marketing and/or promotions for Us and/or our parent, subsidiary or affiliated companies;
    • Market our businesses, products and/or services of and/or those of our parent, subsidiary or affiliated companies;
    • Help personalize user experiences with a Site, and/or its products and services;
    • Analyze traffic to and through a Site;
    • Analyze user behavior and activity on or through a Site;
    • Conduct research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to Us, our parent, subsidiary or affiliated companies, a Site and/or their respective products and/or services;
    • Monitor the activities of you and others on or through a Site;
    • Protect or enforce our and/or our parent, subsidiary or affiliated companies’ respective rights and properties; and/or
    • Protect or enforce the rights and properties of others (which may include you).

    We reserve the right to use your personal and non-personal information when:

    • Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
    • We believe in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening our rights, obligations or properties, and/or those of a user of a Site [which may include you] or anyone else who may be harmed by such activities or to further our legitimate business interests).
  5. SHARING OF INFORMATION COLLECTED.

    We reserve the right, but not the obligation, to share your personal information with the following on an as-needed basis (as determined by Us in our discretion): We attempt to minimize the amount of personal information We share or disclose to what, in our opinion, is directly relevant and necessary to accomplish the specific purpose.

    WE DO NOT SELL, RENT OR OTHERWISE DISCLOSE YOUR PERSONAL INFORMATION TO THIRD-PARTIES FOR THEIR MARKETING AND ADVERTISING PURPOSES WITHOUT YOUR ADVANCE, INFORMED CONSENT.

    We also reserve the right to share your personal information with third-parties in connection with or as a result of any potential or actual merger, acquisition or other event involving a change in ownership or control of KAC or its affiliated entities.

    WE DO NOT LIMIT THE WAYS IN WHICH WE MIGHT USE OR SHARE NON-PERSONAL, ANONYMIZED AND/OR AGGREGATED INFORMATION – AND WE RESERVE THE UNENCUMBERED RIGHT, BUT NOT THE OBLIGATION, TO USE OR SHARE SUCH INFORMATION – BECAUSE SUCH INFORMATION DOES NOT IDENTIFY YOU.

    You may choose to share certain information and/or follow other users on a Site. You may choose to share your contact information with other users or provide it publicly.

  6. DATA RETENTION.

    We will retain your personal information and non-personal information for as long as necessary to accomplish the specific purpose(s) for which it was collected, such as to provide the services you have requested, or for other essential purposes such as complying with our legal obligations, resolving disputes and enforcing our policies. We reserve the right to dispose of or delete any or all such personal information or non-personal information at any time (including prior to any specific retention timeframe we may communicate), except as set forth in any other agreement or document executed by both you and Us concerning the same or as required by law.

  7. TRANSACTIONS.

    In connection with any transaction that you conduct on, through or in relation to a Site, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. Collection and processing of such information may be handled by a third-party vendor. If so, you should consult the applicable vendor’s Terms of Service and Privacy Policy. To the extent you submit such information to Us, by submitting such information, you grant Us without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third-parties (e.g., payment processing companies, online shopping cart providers) for the purpose of facilitating the transaction.

  8. LINKED WEBSITES, APPLICATIONS AND NETWORKS.

    A Site may link to other webpages maintained and operated by or for KAC through its affiliates (the “Affiliated Pages”), and KAC may collect your information through those Affiliated Pages.

    A Site and/or any communications sent through or as a function of a Site might also contain links to third-party websites, networks, platforms, servers and/or applications (together the “Linked Technologies”). The Linked Technologies might also contain links to a Site. YOU SHOULD REVIEW ANY APPLICABLE PRIVACY POLICIES AND TERMS OF USE PUBLISHED THROUGH THE LINKED TECHNOLOGIES.

    In addition, you might have the opportunity to access a Site using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which might be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications. We might also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications).

    Moreover, We might permit third-parties to use their own tracking, data aggregation and/or data analysis technologies like the ones described above (e.g., third-party cookies).

    TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY WHICH MAY ARISE FROM, SUCH THIRD-PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS AND APPLICATIONS (INCLUDING, WITHOUT LIMITATION, THE PRIVACY POLICIES AND PRACTICES OF SUCH THIRD-PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS AND APPLICATIONS). IT IS YOUR RESPONSIBILITY, AND YOUR RESPONSIBILITY ALONE, TO CAREFULLY READ, ACCEPT AND COMPLY WITH ANY AND ALL RELEVANT TERMS OF USE, WAIVERS, AND PRIVACY POLICIES ASSOCIATED WITH THOSE THIRD-PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS AND APPLICATIONS.

  9. DATA PROTECTION; SECURITY.

    We implement security measures to help protect the personal information We collect through the Site. For example, We encrypt the transmission of sensitive information through the Site by using secure socket layer (SSL) technology.

    REGARDLESS OF THE FOREGOING, PLEASE OBSERVE THAT “PERFECT” OR “100%” SECURITY DOES NOT EXIST ON THE INTERNET. THEREFORE, YOUR ACCESS AND USE OF A SITE, AND YOUR OPENING OF ANY COMMUNICATIONS SENT THROUGH OR AS A FUNCTION OF A SITE, ARE DONE AT YOUR OWN RISK.

    To help maintain the security of your personal information, We ask that you please notify it immediately of any unauthorized visit, access or use of a Site, or the loss or unauthorized use of your user access information for a Site (e.g., username or password).

  10. RETENTION, REVIEW, AND CHANGE OF INFORMATION COLLECTED.

    You may request at any time that KAC provide you with an opportunity to review and change your personal information collected through a Site, if any, or to no longer use your personal information to provide you with any products or services. Please submit any such request (“Request Concerning Personal Information”) to webmaster@teamkse.com, with a subject line of “Your Personal Information.”

    For each Request Concerning Personal Information, please state “Your Personal Information” in the email or letter subject line, and clearly state the following in the body:

    1. the nature of your request;
    2. the specific Site(s) that is/are the subject of your request;
    3. that the request is related to “Your Personal Information;”
    4. your name, street address, city, state, zip code and email address; and
    5. whether you prefer to receive a response to your request by mail or email.

    We are not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled or incorrectly sent. You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

  11. YOUR CALIFORNIA PRIVACY RIGHTS.

    If you are a resident of the State of California and We have an established business relationship with you, then, pursuant to Section 1798.83 of the California Civil Code, you have the right to request the following at any time: (a) information from KAC free of charge regarding the manner in which We share certain personal information collected through a Site with third-parties who use such information for direct marketing purposes; and (b) the discontinuation (or opt-out) of Our sharing of such information with such third-parties. Please submit any such request (“California Privacy Rights Request”) to webmaster@teamkse.com, with a subject line of “Your California Privacy Rights.”

    For each California Privacy Rights Request, please state “Your California Privacy Rights” in the email or letter subject line, and clearly state the following in the body:

    1. the nature of your request;
    2. the specific Site(s) that is/are the subject of your request;
    3. that the request is related to “Your California Privacy Rights;”
    4. your name, street address, city, state, zip code and email address; and
    5. whether you prefer to receive a response to your request by mail or email.

    We are not responsible for a California Privacy Rights Request that is incomplete, incorrectly labeled or incorrectly sent. You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

    Further, We do not respond to “do not track” (DNT) signals.

    Finally, as explained further above, We do not authorize third-parties to collect your personal information when you use a Site, except as expressly stated in this Privacy Policy or after We receive your express consent to make such information available to such third-parties. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY WHICH MAY ARISE FROM, SUCH THIRD-PARTIES’ UNAUTHORIZED COLLECTION OF YOUR PERSONAL INFORMATION.

  12. MODIFICATIONS OF THIS PRIVACY POLICY.

    WE MAY SUPPLEMENT, AMEND, OR OTHERWISE MODIFY THIS PRIVACY POLICY AT ANY TIME WITHOUT NOTICE TO YOU. SUCH SUPPLEMENTS, AMENDMENTS AND OTHER MODIFICATIONS WILL BE POSTED ON THIS OR A SIMILAR PAGE OF A SITE, AND SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE OR MODIFICATION DATE. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THIS PRIVACY POLICY EACH TIME YOU VISIT, ACCESS, REGISTER WITH OR USE A SITE.

    AGAIN, BY VISITING, ACCESSING, REGISTERING WITH OR USING A SITE, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST-RECENT VERSION OF THIS PRIVACY POLICY, AS WELL AS THE MOST-RECENT VERSION OF OUR TERMS OF USE, AND YOUR CONTINUING VISIT, ACCESS, REGISTRATION WITH OR USE OF A SITE REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.

  13. SEVERABILITY.

    If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.

  14. CONTACT US.

    Please direct any questions you may have about this Privacy Policy to webmaster@teamkse.com, with a subject line of “Privacy Policy.” The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.

  15. INTERNATIONAL USERS.

    For any of the above purposes and in view of our global operations, you agree that We may transfer some or all of your personal information, your non-personal information and/or other data to countries outside your resident jurisdiction, and may process and/or store such information in the United States of America. You agree and recognize that countries outside of your jurisdiction may not have as comprehensive data protection laws as those existing in your resident jurisdiction. For more information please contact Us in the manner described in section 14 above.

  16. MODIFICATION DATE.

    This Privacy Policy was last modified on October 18, 2018.