1. Information Upper Deck Collects. In order to allow you to use the Websites in the best possible way, Upper Deck may request and/or collect information (such as name, e-mail address, and date of birth) from you on a voluntary basis. Upper Deck collects two types of information about users: Personally Identifiable Information and Non-Personally Identifiable Information (collectively "your information").
"Personally Identifiable Information" is information that identifies you and may be used to contact you online or offline. Upper Deck 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 requests. The information Upper Deck 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, phone number, username, security question and answer, and password. Upper Deck does not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. If you make a purchase from Upper Deck, Upper Deck 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 the Websites, using any third-party payment processor, that third-party payment processor will collect the billing and financial information it needs to process your charges. This may include your postal address, e-mail address and financial information. Upper Deck and its third party payment processor do not use credit card information for any other purposes, and Upper Deck does not store any credit card information. If you download an Upper Deck application, you may choose to permit the application to obtain your precise geolocation. In this case, Upper Deck will determine your zip code from the precise location data received from your mobile device. Except as provided herein, when you ask for help from our customer service team, Upper Deck will collect and store the contact information you give them (generally, your name and e-mail address), information about your activity on the Websites. To participate as a user of the Websites, 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 Upper Deck may collect includes the time and date of access, device information, location information, anonymous usage data while you are using the Websites, 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.
The information collected by Upper Deck is also used by Upper Deck to send you orders, newsletters, information about Upper Deck and sweepstakes, and promotional material. When you are making purchases on-line, financial information that is collected is used to bill you for various purchases. Upper Deck may share your information with select partners, affiliates, and other third parties that Upper Deck believes may have offers or be of interest to you. Your personal data is also used to get in touch with you when necessary. As set forth in Sections 8 and 9, you may opt out of future contacts and manage your personal data.
The Websites may contain chat functions, forums, message boards, social media websites, and/or personal websites. Upper Deck collects information about your communication and any information you choose to provide. Please remember that any information that is disclosed to any of these is public information and you should exercise caution when deciding to disclose your Personally Identifiable Information.
2. How Upper Deck Uses and Shares Information.
Personally Identifiable Information: Upper Deck will use your Personally Identifiable Information internally to provide you with access to the Websites, enhance the operation of the Websites, notify the winners of Upper Deck contests and sweepstakes, respond to questions and issues, provide technical support, send you promotional materials, solicit feedback from users, and let you know about upcoming changes or improvements to the Websites. Upper Deck does not sell, trade, or rent your Personally Identifiable Information to others. Upper Deck provides some services through contractual arrangements with third-party service providers, including a payment processor and a card fulfillment processor. Upper Deck will share your Personally Identifiable Information as necessary for the third party to provide these services and operate the Websites.
Please be aware that, to the extent permitted by law, Upper Deck may access and disclose your information if Upper Deck (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 Upper Deck Terms and Conditions of Use; (iii) respond to claims that your use of the Websites has violated rights of third parties; (iv) respond to your requests for customer service; and (v) troubleshoot software bugs and operational problems. Upper Deck may transfer the information collected through the Websites if Upper Deck is acquired by, sold to, or merged with another entity. Upper Deck may also share the information with subsidiaries and affiliated entities that provide services on Upper Deck’s behalf.
4. Children’s Information. Protecting the privacy of young children is especially important to Upper Deck. For that reason, Upper Deck does not knowingly collect or maintain Personally Identifiable Information or Non-Personally Identifiable Information from users under thirteen (13) years of age ("children"), other than as permitted by law in support of the internal operations. If you are under thirteen (13) years of age, you may not register for an account or otherwise provide any personal information to Upper Deck through the Websites. If Upper Deck learns that Personally Identifiable Information of children under the age of 13 has been collected, other than for support of the internal operations, Upper Deck will take reasonable steps to remove such information. If a parent or legal guardian believes that his or her child has submitted personal information to Upper Deck, he or she may contact Upper Deck Customer Service at: Attn: Upper Deck Customer Service, The Upper Deck Company, 5830 El Camino Real, Carlsbad, California 92008. Upper Deck or in certain instances its third party server that hosts certain Website information, will then take steps to promptly delete the information upon learning that it relates to a child under the age of thirteen (13).
Children should always check with a parent or legal guardian before linking to any new sites. Please refer to the privacy policies on these sites to learn how they collect and use information.
6. How Upper Deck Protects Information. To protect your information, Upper Deck follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity, and privacy of the information you have provided. Upper Deck has standard security measures in place, including a firewall-protected server and use of encryption, designed to protect against the loss, misuse, and alteration of the information under Upper Deck’s control. Unfortunately however, no system or data transmission over the Internet can be guaranteed to be 100% secure; human errors do occur, so there is always a possibility that there could be unauthorized access to your information. Although Upper Deck strives to protect your information, you acknowledge that (a) there are security and privacy limitations of the Internet that is beyond Upper Deck’s control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and Upper Deck through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Canadian residents: Canadian residents should be aware that their Personally Identifiable Information will be stored on servers located in the United States.
7. Promotional Emails. Upper Deck may, from time to time, send you e-mails regarding Upper Deck products and services. Additionally, if you indicated that you are interested in receiving offers or information from Upper Deck and partners, Upper Deck may occasionally send you direct mail about products and services that Upper Deck feels may be of interest to you. Canadian residents: those who access the Website in Canada must "opt in" to receive such e-mails by granting express consent prior to UDC sending commercial electronic messages.
9. Opt-out. If you would prefer not to receive direct communications with regard to Upper Deck products and/or services anymore, you may opt-out by following the directions on the bottom of e-mails to you from Upper Deck.
10. Review and Correction of Your Information. If for any reason you are concerned that your Personally Identifiable Information that is maintained by Upper Deck is incorrect and needs to be changed or deleted, please contact Upper Deck by e-mail and Upper Deck will be happy to update or remove your information accordingly. Upper Deck may continue to retain your information in Upper Deck files due to technical and legal requirements, constraints related to the security, integrity and operation of the Websites or to resolve disputes.
12. Policy for Children Under 18 Years of Age. 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 (in compliance with the Children's Online Privacy Protection Act) you must provide your parent or legal guardian's e-mail address in order to be eligible and gain full access to the services provided at the Website. In addition, Upper Deck will provide your parents or legal guardians with the ability to: (a) review the personal information Upper Deck has collected from you; (b) refuse to allow any further collection or use of your personal data; and (c) remove your records from Upper Deck database. Upper Deck does not require children to provide any more information than is reasonably necessary to participate in any of the Upper Deck site activities.
Until consent is provided, Upper Deck will neither collect any additional information about you nor use the information Upper Deck collected except for the purpose of seeking consent. If Upper Deck does not have your parent's or legal guardian’s consent within thirty (30) days of your use of the Websites Upper Deck will destroy all personal data Upper Deck has received from you and you will have only limited access to the Websites.
Once written consent is received by Upper Deck, you will receive an e-mail message confirming that you will have full access to the Websites. This e-mail should be received within a week of receiving your Parent's consent.
Even after a parent or legal guardian has given written consent for Upper Deck to collect information from his/her child, the parent may at any time contact Upper Deck to review, alter or delete information that was previously collected. A parent or legal guardian may revoke consent by completing this form and either mailing or faxing it to Upper Deck at the address or number listed below.
The Upper Deck Company
5830 El Camino Real
Carlsbad, California 92008