DraftKings purchases or receives data about you from data brokers, data aggregators, and public databases, then combines it with what it already knows about you. This can include your income level, purchase history, risk scores, and activity on other websites.
This analysis describes what DraftKings's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes the operational scope of DraftKings' data sourcing practices and enables the company to maintain a consolidated profile that extends beyond information directly collected from users. By authorizing integration of third-party data including demographic, commercial, and risk assessment information, the clause defines the informational infrastructure supporting the company's risk management and service personalization functions.
Interpretive note: Whether risk scores and fraud indicators used in connection with financial transactions constitute consumer reports under FCRA is a legal question that depends on how they are used in practice, and the document does not provide sufficient detail to resolve this with certainty.
DraftKings supplements its knowledge of you with data it purchases from third-party data brokers, including your income level, purchase history, fraud indicators, and risk scores. This enriched profile is used for advertising targeting and service customization without any separate consent required beyond acceptance of this privacy notice.
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"We may supplement the information we have about you with information received from other sources, including, but not limited to, our vendors, our pages on certain social networking sites (e.g., Discord), the social networking sites themselves, and commercially available sources (e.g., data aggregators, data brokers, and public databases). Your activity on other websites and applications may be associated with your personal information in order to evaluate risk and to provide, improve, and customize our Services and the ads delivered on our Website and Applications. The information we collect may include demographic data such as age, gender, and income level, email address, username, online identifiers, your preferences, interests, associations, photos, commercial information (including, but not limited to, records of products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies, fraud indicators, and risk scores assessing your ability to complete a transaction).— Excerpt from DraftKings's DraftKings Privacy Policy
REGULATORY LANDSCAPE: This provision engages CCPA/CPRA, which grants California residents rights to know about and opt out of sale or sharing of personal information collected from data brokers. The FTC has regulatory authority over data broker practices under the FTC Act. The Financial Data Transparency Act and potential federal data broker legislation are evolving frameworks. Risk scores and fraud indicators derived from third-party data may engage FCRA obligations if used in connection with credit or financial determinations. GOVERNANCE EXPOSURE: Medium to High. The combination of gaming behavioral data with third-party data broker profiles, particularly risk scores assessing transaction completion ability, raises questions about whether this information constitutes a consumer report under FCRA, which would impose additional disclosure and adverse action obligations. The breadth of data categories purchased (income, purchasing tendencies, associations) creates significant profiling risk. JURISDICTION FLAGS: California CPRA grants specific rights regarding information collected by or about a consumer from third-party sources. Vermont and Nevada have data broker registration requirements. The inclusion of income and financial risk scores may trigger financial privacy law considerations in multiple states. EU/EEA users would have rights under GDPR Articles 13 and 14 requiring disclosure of data sources and purposes. CONTRACT AND VENDOR IMPLICATIONS: Procurement agreements with data brokers and aggregators should be reviewed to confirm data provenance, consent chains, and representations regarding the lawful basis for selling consumer data. CCPA/CPRA requires that data received from third parties be governed by appropriate data sharing agreements. Risk score and fraud indicator data sourced from commercial vendors may carry additional obligations if the data is used in financial eligibility determinations. COMPLIANCE CONSIDERATIONS: Legal teams should conduct a FCRA analysis of risk scores and fraud indicators used in connection with financial transactions or account eligibility decisions. Data mapping should document all commercial data sources and the categories of data received from each. The opt-out mechanisms for sale and sharing should be tested to confirm they apply to data originally sourced from third parties.
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This provision establishes the operational scope of DraftKings' data sourcing practices and enables the company to maintain a consolidated profile that extends beyond information directly collected from users. By authorizing integration of third-party data including demographic, commercial, and risk assessment information, the clause defines the informational infrastructure supporting the company's risk management and service personalization functions.
DraftKings supplements its knowledge of you with data it purchases from third-party data brokers, including your income level, purchase history, fraud indicators, and risk scores. This enriched profile is used for advertising targeting and service customization without any separate consent required beyond acceptance of this privacy notice.
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