RK9 Labs Privacy Notice
RK9 Labs, LLC ("RK9," "we," "us" and/or "our") provides an online event registration and management software system, that is used in connection with trading card and video game tournaments (each, an "Event"). This Privacy Notice describes how your personal information is collected, used, and shared when you visit our websites at www.rk9labs.com or rk9.gg (the "Sites"), any sub-domains of the Sites, and various online tools and services (collectively, the "Services").
BY USING THE SITES OR SERVICES, YOU ARE HEREBY CONSENTING TO OUR COLLECTION, USE, DISCLOSURE, TRANSFER AND STORAGE OF INFORMATION IN ACCORDANCE WITH THIS PRIVACY NOTICE.
Our Commitment to You
At RK9, we value and respect your privacy. Privacy considerations are at the core of the way we design and build services and products for you, so that you can fully trust RK9 and take advantage of everything the Services offer. We do not compromise when it comes to your privacy, we seek to be transparent with you in the way we process and manage your personal information, and we work hard to protect your information and keep it secure. This Privacy Notice sets forth how we go about accomplishing our privacy initiatives, and provides you with the information you need to be comfortable that your data is being handled with care.
We encourage you to read this Privacy Notice carefully. If you have any questions, please don’t hesitate to contact RK9 directly using the contact information provided below.
What personal information do we collect from our users?
Automatically Collected Information
When you visit the Sites or Services, we automatically collect certain information about your device, including information about your web browser, mobile device, IP address, unique device identifiers, software and hardware attributes (including the type of operating system you use), approximate geographic location, time zone, and some of the cookies that are installed on your device (collectively, “Device Information”).
Additionally, as you browse the Services, we collect information about how you use the Services, such as the date and time you logged in, the individual web pages or products that you view, what websites or search terms referred you to the Services, and information about how you interact with the Services and other users (collectively, "Usage Information").
Information You Provide
Additionally, when you visit or use the Services, we may either require or collect "Personal Information." Personal Information is information that could personally identify you, for example, your name, address, phone number, email address, birthdate, and requested payment information (such as billing address, account number, etc.). Personal Information does not include any data where the identity has been removed (anonymous data). For purposes of this notice, your Device Information and Usage Information is included within the discussion of "Personal Information" (unless we clearly state otherwise herein).
In the following instances, we collect and require you to actively submit Personal Information:
- When you register for an Event, you need to provide your name, email address, player ID, and birthdate ("Registration Data").
- When you register for an Event and go to make payment, you will be required to provide your email address and zip code as well as your payment information (collectively, "Payment Information").
- When you contact us with a question or concern, you may be required to provide certain personal information like your name, email, player ID, and birthdate.
- When you sign up to receive marketing communications, such as our newsletter or updates about the Services, you must provide us with your email address.
In addition, when you participate in an Event, and thereby use the Services, we collect your participation data and may collect raw penalty data (the "Penalty Data"). Similarly, when you create and/or save your raw deck or team list data with any of the Services "List Creators" (the "List Data"), we retain this data. Finally, the Services generate and save online pairing data of you and other participants from each Event (the "Pairing Data"). For the avoidance of doubt, your Penalty Data, List Data, and Pairing Data necessarily includes your Personal Information, and to the extent that it does, such data will be treated in accordance with this Privacy Notice.
Information We Receive or Collect from Other Third Parties or Public Sources
We may receive or collect information about you from third parties and store it on our servers with other information we may have already received or collected from you, such as publicly available information you provided third party platforms or information from third parties we work with, including The Pokémon Company International. RK9 is not responsible for, and will assume no liability, if a business partner or other entity whom you have authorized collects, uses or shares any information about you in violation of its own privacy notice or any applicable laws, rules, or regulations.
Cookies and Similar Technologies
- "Cookies" are data files that are placed on your device or computer and often include an anonymous unique identifier. A cookie may enable the website owner to track how a visitor navigates through its website and the areas in which they show interest. This is similar to a traffic report: it tracks trends and behaviors, but does not identify individuals. Information gathered may include date and time of visits, pages viewed, time spent at the site, and the website visited just before and just after a visit to our Services. Cookies can be set to expire: (1) on a specified date; (2) after a specific period of time; (3) when a transaction has been completed; or (4) when a user turns off his/her Internet browser. A cookie that is erased from memory when a visitor’s Internet browser closes is called a "session" cookie. Cookies that expire based on a time set by the Web server are called "persistent" cookies.
Our Services may use both "session cookies" and "permanent cookies." Most people do not know that cookies are being placed on their computers when they visit our Service or most websites because browsers are typically set to accept cookies. For more information about cookies, and how to disable cookies, visit www.allaboutcookies.org.
- "Log files" track actions occurring on the Services, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- "Web beacons," "tags," and "pixels" are electronic files used to record information about how you browse the Services.
We also collect or receive various Usage Information and Device Information from third party analytics providers, such as Google and Facebook, as well as from other advertising networks.
How do we use the information we collect?
We use your Device Information and Usage Information to monitor the usage of our Services, assess its performance, ensure technological compatibility with your computer or mobile device, and understand the relative importance of the information provided on our Services. We may also use this data to conduct statistical analyses on visitors’ usage patterns and other aggregated data. We do this to improve and optimize our Services for you. We also use your Device Information and Usage Information to help us screen for potential risk and fraud (in particular, your IP address).
We use the Personal Information you provide us in order to perform basic business functions in connection with operating the Services and facilitating their availability during Events. This may include communicating with you, processing any requests by you, identifying and fixing any problems with the Services, and otherwise making the Services available to you. Our use of this Personal Information is most commonly based on our legitimate business purposes or other lawful bases set forth below. When we make a decision to use your information for our legitimate interests, we make sure to consider and balance any potential impact on you (both positive and negative) to ensure that our rights or interests do not override your fundamental rights and interests.
We also use your Personal Information in order to perform the contractual relationship with our users, and where we have your specific consent.
As referenced above, we may use your Personal Information for legitimate business purposes or other lawful bases, including to:
- Operate, evaluate and improve our business, our Services, and other products and services we offer
- Aggregate certain information that does not include your Personal Information and disclose it for analysis, demographic profiling and/or targeted advertising
- Provide you with technical service and support
- Tailor the content we display in our communications with you and/or improve your user experience
- Administer surveys and other market research
- Provide you with information regarding RK9's benefits and services
- Store, archive, retrieve, and make copies of your user generated content
- Process payments
- To fulfill our obligations to third parties, including Event organizers and/or The Pokémon Company International ("TPCi")
- Comply with legal requirements, judicial process, and our company policies (including to verify users' identity in connection with access or correction requests)
- Protect against, identify, investigate, and respond to fraud, illegal activity (such as incidents of hacking or misuse of our Services), and claims and other liabilities, including by enforcing the terms and conditions that govern the services we provide
Note that we may process your Personal Information for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
How do we share the information we collect?
We may share your Personal Information with others for the purposes described below:
- We may share your Personal Information whenever you specifically consent to us doing so. While we will seek your consent as needed, upon registration for an Event, you specifically consent to the following uses and disclosure of your Personal Information:
- We need to share your Pairing Data, including your name, player ID, etc., with Event staff and Event participants for purposes of tournament operations during tournament play and after the tournament has finished. A subset of this data may be published on the Sites.
- We need to share your Penalty Data, including your name, player ID, etc., with Event staff, Event organizers, and TPCi, pursuant to our contractual agreements with the Event organizer and/or TPCi. We may also share your Penalty Data with Event organizers who consent to the disclosure of such information for reporting purposes.
- We need to share your List Data and Event results (i.e. standings), including your name, etc., with Event organizers for publication on organizer’s website and the Sites.
- We may share or disclose your Personal Information where necessary to provide you with the Services and/or associated services, including with trusted third-parties who assist in operating the Services, providing any associated RK9 services, and otherwise conducting our business.
- We use third parties, such as Stripe, to process payment transactions as part of your Event registration and to facilitate fraud protection. You share your Payment Information directly with these third parties. Stripe and other third-party entities may use your information for their own purposes, including to service accounts you have with them. Please review their respective privacy notices to understand how they use your information.
- We may share your Personal Information, where necessary, with RK9's parents, subsidiaries, successors, assigns, licensees, affiliates, or business partners.
- We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
- We may share your Personal Information when doing so is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty.
- We may disclose Personal Information you provide us in connection with the sale, assignment, or other transfer of the business or a portion of the business of the Sites, including a corporate merger, consolidation, restructuring, sale of assets, or other corporate change of our company.
Without limiting the foregoing, RK9 may share your Personal Information with the following third-parties:
- Google Cloud Platform
- Stripe (if payment is required for tournament entry)
- The Pokémon Company International
- tournamentcenter BV
We may aggregate and/or de-identify any Personal Information, Usage Information or Device Information that you provide or we collect, such that the information no longer identifies any specific individual. We may use, disclose and otherwise process such information for our own legitimate business purposes – including historical and statistical analysis, reports, marketing, and business planning – without restriction. However, if we combine or connect any aggregated data with your personal data so that it can directly or indirectly identify you, we treat this combined data as Personal Information which will be used in accordance with this privacy notice.
When you provide us consent to do so (either upon contacting us through our Services or through our normal marketing communications), we will communicate with you through general marketing communications. You must affirmatively opt-in to receive these communications before you receive them. Currently RK9 does not employ the use of marketing communications, however we may in the future.
We do not share your Personal Information with any company outside the RK9 group of companies (or other third parties listed herein) for marketing purposes.
Regardless of where you live, you may also opt-out of these marketing communications at any time by following the instructions provided in any marketing communication you receive. Please note that even if you opt-out of receiving marketing communications, you may still receive-business related communications, such as transactional emails.
Do Not Track
Please note that we do not alter our Services’ data collection and use practices when we see a Do Not Track signal from your browser.
Access to and Managing Your Information; Opt-Out
We believe it is important for you to be able to: (1) find out what Personal Information you have provided to us through our Services; (2) update your information; or (3) "opt out" of receiving future marketing communications. To inquire about your Personal Information, update your Personal Information, or "opt out" of receiving future marketing communications or any other collection or use practice based on your consent, please file a support ticket with your request and current contact information at support.rk9labs.com.
We generally respond to support requests within 24 hours of receiving a request, but it may take up to 30 days depending on the volume of requests we receive.
Your Rights to the Personal Information You Provide
You have the right to access and control the Personal Information you provide us. These rights include the right to:
- Access your Personal Information
- Correct, update, or delete your Personal Information
- Withdraw or limit your consent (to Personal Information that was provided based on consent)
- Data portability of certain Personal Information
- Object to us processing your Personal Information for reasons such as direct marketing purposes and for scientific or historical research or statistical purposes
- Not be subject to automated decision-making, which includes profiling, where such decision-making could have a legal, or similarly significant, effect on you from being made solely based on automated processes
If you would like to exercise these rights (which you may do at any time) or inquire as to any additional rights you may have under applicable law, please contact us by filing a support ticket with your request and current contact information at support.rk9labs.com. We will respond to any request as promptly as possible.
Personal Information Transfer and Storage
If you reside outside of the United States, please note that your Personal Information will be transferred outside of your home country, including to the United States where it is stored. When we transfer your information to the U.S., we will protect it as described in this Privacy Notice. Through your use of the Services, you consent to the processing and storage of your Personal Information in this manner. We also are working to incorporate appropriate safeguards to protect any information shared with any third party processors identified herein. We further will make best efforts to protect information from EU residents in accordance with applicable law.
When you provide information to us, you understand and agree that RK9 will retain your Personal Information as long as is necessary and relevant for our operations, and in accordance with applicable laws.
How We Protect Your Information
We strive to maintain internal controls and procedures to ensure that the information you share with us is handled in a safe, secure and responsible manner. We have security measures to help protect against loss, unauthorized access and alteration of the information in our control. We will only disclose such information to employees and authorized service providers who require such information for the purposes described in this Notice. Our databases are protected by physical, technical, and procedural measures that restrict access to authorized persons in accordance with this Notice. Although no data transmission over the Internet can be guaranteed 100% secure, and we cannot ensure against any loss, misuse, unauthorized disclosure, alteration, or destruction of data, we take reasonable precautions to prevent such unfortunate occurrences. Nevertheless, we cannot and do not guarantee that information you post on or transmit to the Services will not be viewed by unauthorized persons.
Third-Party Service Providers and Third-Party Links
Any third parties to whom we may disclose Personal Information (identified herein) have their own privacy policies which describe how they use and disclose your Personal Information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Notice. RK9 has no responsibility or liability for the activities of these third parties. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties.
When you click on links on our Services that take you to third-party websites, you will be subject to the third parties' privacy policies. While we support the protection of privacy on the Internet, we cannot be responsible for the actions of any third-party websites. We encourage you to read the posted privacy policies of any and every website you visit, whether you are linking from our Services or browsing on your own.
California Privacy Rights
Under California's "Shine the Light Law," California residents have the right to receive information that identifies any third-party companies or individuals that RK9 has shared your Personal Information with in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting RK9 at the address below.
Personal Information About Children
Our Services are targeted primarily for use by adults. Accordingly, we do not knowingly collect age identifying information, nor do we knowingly collect any personal information from children under the age of 13 years without parental consent provided in the form of payment via credit/debit card. However, we hereby advise all visitors to our sites under the age of 13 not to disclose or provide any personally identifiable information on our Services without parental consent. If you are concerned that Personal Information may have been inadvertently provided to or collected by RK9, please contact us immediately so appropriate steps may be taken to remove such information from RK9’s database.
Changes to this Notice
We may update this Privacy Notice from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. We suggest that you review the current Privacy Notice at the start of each visit to our Services. Unless we clearly express otherwise, we will use Personal Information in accordance with the Privacy Notice then in effect. YOU ARE HEREBY ADVISED THAT YOUR CONTINUED USE OF OUR SERVICE CONSTITUTES YOUR ACCEPTANCE OF ANY AMENDMENTS TO AND THE MOST RECENT VERSION OF THIS PRIVACY NOTICE.
If at any time you believe we have not adhered to the policies and principles set forth in this Privacy Notice, please notify us using the contact information provided below. We will make all commercially reasonable efforts to promptly respond to your concerns.
If you have any questions or comments concerning our Privacy Notice, please submit your inquiry along with your current contact information to:
- RK9 Labs, LLC
222 W. Merchandise Mart Pl., Suite 1212
Chicago, IL 60654 USA