Welcome to the Privacy Policy (the “Policy”) of Overtake LLC and its related, affiliated or subsidiary companies (the “Overtake”). The purpose of this Policy is to inform you how we collect, use, and share your information when you provide such information or use the Overtake’s website available at https://overtake.app (the “Site”), as well as other related Overtake webpages, applications and products, services or content accessible through the Site (collectively the “Services”).
When we refer to “you” or “your” in this Policy we mean any individual who interacts or uses our Services. By using the Services, you represent that you understand and agree to this Policy, and consent to the collection, use, and sharing of information as described in this Policy. If you do not consent to our practices, you can choose not to use the Services.
Privacy Policy Changes. We reserve the right to modify this Policy at any time without notice. All changes are effective immediately upon posting. Your continued use of the Services after changes are posted constitutes your acknowledgement of the modified privacy policy and agreement to abide and be bound by that privacy policy. For reference, the effective date of this Policy is posted at the top of this page. Therefore, it is important that you periodically check this page for changes made to this Policy.
INFORMATION WE COLLECT
Information You Voluntarily Provide
Overtake may collect information about you when you interact with our Services including information that you voluntarily provide when you use the Services; register and create an account for any of the Services; add or update your account information; complete any survey, questionnaire, or form of information request from Overtake; submit an inquiry; log into the Site or use the Services from one or more of your devices or otherwise interact with the Services. Information that we collect may depend on how you interact with Overtake and use the Services. A description of the types of information we may collect is described in detail below.
- Identifiers such as first name, last name, username or similar unique personal identifier, online identifier, copy of government-issued ID, Social Security Number, email address, date of birth, telephone number, postal address, signature, and internal 9-digit account number.
- Profile Data such as username, password, avatar image, social media accounts and favorite team badge.
- Internet and Other Electronic Network Activity such as device fingerprint, internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, app version and build, device model and other technology on the devices used to access the Services.
- Financial Information such as credit or debit card information, bank account number, payment details, or other payment information.
- Commercial Data such as nature, frequency, and duration of user visits, participation in any sweepstakes games, social sports betting competitions, and/or any other contests, push tokens, coin package purchases, promo code use, and referral participation.
- Usage Data includes information about how users use the Services, such as statistics regarding the opening and clicking on emails sent by company, and activity on the website (including, for example, user’s activity, time spent, user stats, referring/exit pages, and clickstream data).
- Marketing and Communications Information such as marketing campaign data, click-throughs, user preferences and consent, e-mails, phone, text, email and webchat communications.
- Audio and Visual Information such as selfie photograph.
- Biometric Information such as a faceprint (i.e. face geometry/photo of a person’s facial features).
- Geolocation Data such as your approximate location derived from your IP address and precise geolocation of your device if enabled.
- Responsible Gaming Data such as timeouts, and self exclusion
Information We Collect When You Use the Services
Automated technologies or interactions. As you navigate around the Site (whether or not you have created or have logged into a user account) and/or use the Services, Overtake may collect certain information using various technologies to help us personalize your experience. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, time zone setting and location, language preferences, device type and ID, and other technical information from the devices you use to access our Services.
Cookies and Tracking Technologies. We and our service providers use cookies and other tracking technology to recognize your browser or device and to capture and remember certain information about your activities on our website. For example, cookies gather information about how long you spend on a web page so that we can understand what web pages are of interest to users. If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off cookies by adjusting your browser settings. If you turn off your cookies, some of the features of the website may not function properly. In addition, we use pixel tags in our HTML-based emails to let us know which emails have been opened by the recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you prefer not to be tracked through our emails, most email services will allow you to turn off pixels by disabling external images in settings.
Information We Collect From Third Parties
We collect Personal Information from various third parties, including those listed below. The collection, use, and disclosure of Personal Information received from third parties is governed by the privacy policies listed on the website where the information was submitted by the user. Third parties may send their own cookies and pixel tags to you and may collect information and use it in a way inconsistent with this Policy. Please carefully review these third-party privacy policies to understand how your information may be collected, used and disclosed by these third parties.
Third Party Service Providers. We collect Personal Information from service providers including payment processors, email service providers, website hosting platforms, third party identity verification, analytics, and geolocation providers.
Third-Party Login Services. When you create an account using your Facebook or Google login we receive Personal Information from Facebook and Google, which may include your public profile information and email.
Third Party Advertising Partners. We collect Personal Information received from third party advertising partners, including partners who host and manage various online advertisements and ad platforms. This may be combined with the website analytics data described above.
BIOMETRIC INFORMATION POLICY
Overtake uses third-party technology through its vendors to collect, store, and use biometric and other personal information, such as your faceprint, a selfie, and government-issued identification.
Consent. By using our Services, you consent to Overtake, our identity verification vendor, and each of our contracted service providers, collecting, storing, and using your biometric information for the purposes identified below.
Purpose for Collection of Biometric Information. Overtake and its vendor may use biometric information for the following purposes:
- To verify your identity
- To prevent fraud
- To improve products and services
- To comply with legal obligations
Data Retention. This information is retained for as long as necessary to achieve the original purpose for collecting it, or until 3 years after your last interaction with us, whichever happens first, provided we have no other legal obligation to retain such information for any longer period.
USE OF YOUR INFORMATION
Our primary purpose for collecting your information is to provide you with the services you request. We may also use your information for the following purposes:
- Provide you with our Services and to operate our business.
- Verify your identity and account information in connection with our Services you request.
- Provide you with required notices, updates about our content, products and services as well as other important information.
- Provide you with recommendations for content, products and services that we believe would be of interest to you.
- Assist you with setting up and managing your account with us.
- Resolve disputes and/or questions about our Services.
- Problem troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting data.
- Enforce our Terms for use of our Services, Sweepstakes Rules and the terms of this Policy.
- Customize, measure and improve our Services and content.
- For our own internal business purposes.
- Communicate with you about content, products, services, updates, events, promotional offers, research, insights, and other information that may be of interest to you from us and our trusted partners.
- Protect our interests, including establishing, exercising and defending legal rights and claims.
- As necessary to comply with legal requirements, to prevent fraud, to co-operate with law enforcement and regulatory authorities, and to stop other prohibited, illegal, or harmful activities.
- For purposes disclosed at the time you provide/we request your information or as otherwise set forth in this Policy.
INFORMATION WE SHARE
Service Providers. We may use third-party service providers to perform certain business services and may disclose your information to such service providers as needed for them to perform these business services. Service providers are only allowed to use, disclose, or retain this information to provide these services. Business services provided include, but are not limited to, hosting services; account authentication and identity verification services; payment processors services; marketing, promotional and email services; and customer and technical support services.
Business Transactions. We may do business with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then your information may be transferred to the new owners who may use your information in the same way as set out in this Policy.
Pursuant to Sweepstakes Terms. In accordance with our Sweepstakes Rules and Terms, a winner’s name, likeness, contents of any post, and information about the prize award, and may be used or published in any way, at any time, including on our official website or social media channels and may be provided to other players upon receipt of a written request.
Legal Process. Subject to applicable law, we may disclose information about you i) if we are required to do so by law, regulation or legal process, such as a subpoena; ii) in response to requests by government entities, such as law enforcement authorities; iii) when we believe disclosure is necessary or appropriate to prevent physical, financial, or other harm, injury, or loss; or iv) for the purposes of cooperation with law enforcement agencies’ and/or in connection with an investigation of suspected or actual unlawful activity.
User Disclosures. Some personal information is disclosed as a matter of course as a result of your use of our Services. Any personal information shared via any shared or public forum using our Services, such as, when participating in a multiplayer game, promotion, or social sports betting competition, when posting on message boards, chat, profile pages, and blogs, or when sharing your experience on another website (such as Facebook, Instagram or X) may become public information. You should exercise caution when disclosing information in these areas, especially your location data, and be careful how you disclose your personal information. YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM YOUR OWN VOLUNTARY DISCLOSURE OF PERSONAL INFORMATION IN SHARED AND PUBLIC FORUMS.
COMMUNICATIONS AND OPT-OUT
Depending on you marketing settings and preferences, we may use your information to let you know about products, services and offers or other initiatives that may be of interest to you and we may contact you to do so by email or text. Additional information about these marketing activities, including options for opting out are described below.
Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email. This opt out will not apply to operational or informational emails related to your account such as correspondence providing information about your purchases or other such communications for which we have a legal obligation to inform you and/or to prevent fraud or harm to our Site, our business, and/or third parties. You may continue to receive promotional email messages for a short period while we process your request.
AGE RESTRICTION
The Services are intended for users aged eighteen (18) and older. If you are under the age of eighteen (18), you are not authorized to provide us with any personally identifying information, nor access or use our Services in any manner whatsoever. By using the Services, you represent that you are eighteen (18) years of age or older.
USE OF THE SERVICES
By accessing and using the Services, you acknowledge and agree that the Services are intended for use by users located in the United States of America. Unless expressly stated to the contrary, we make no representation that the Services are appropriate or will be available for use in other locations.
NOTICE TO CALIFORNIA RESIDENTS
Your California Privacy Rights. California Civil Code Section 1798.83 permits California residents who have provided personally identifiable information to us or our third-party advertisers and marketing partners, if any, to request certain information regarding our disclosure of personally identifiable information to third parties for their own direct marketing purposes. Requests should be submitted via email to support@overtake.app and should include CALIFORNIA PRIVACY RIGHTS in the subject line. Please be aware that not all information sharing is covered by the requirements of Section 1798.83 and only information on covered sharing will be included in our response. This request may be made no more than once per calendar year.
Your ‘Do Not Track’ Browser Setting. Some web browsers incorporate a Do Not Track (“DNT”) feature that signals to the websites that you visit that you do not want to have your online activity tracked. Our Site may not respond to DNT signals. Overtake may allow certain third-party advertising partners to place tracking technology, such as cookies and pixels on our Services. This technology allows us and/or third-parties to collect personally identifiable information about your online activities over time and across different websites.
CONTACT INFORMATION
If you have any questions about our privacy practices or this Policy, please contact us at: