FSM PRIVACY POLICY

FSM Privacy Policy

New England Sports Enterprises, LLC d/b/a Fenway Sports Management (“FSM”), including our affiliates and subsidiaries, respects your privacy and is committed to protecting your Personal Information (defined below). This Privacy Policy will let you know how we collect, use, process, maintain, and share your Personal Information, as well as your choices regarding the use, access, and correction of your Personal Information.

From time to time, we may update this Privacy Policy. We will notify you about material changes in the way we treat personally identifiable information by updating this policy. We encourage you to read this Privacy Policy together with any other privacy policy or fair processing notice we may provide when we are collecting or processing Personal Information about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other policies and is not intended to override them.

IMPORTANT INFORMATION AND WHO WE ARE

FSM operates the fenwaysportsmanagement.com website (the “Website”), social media channels, and other digital properties (collectively, the “Digital Properties”), and any of our other services (events, surveys, and the like). These are collectively referred to as “Services.” This Privacy Policy does not address personal information that you provide to us in other contexts (e.g., through a business relationship not part of the Services).

“Personal Information” is information that can be used to identify you, directly or indirectly, alone or together with other information. Personal Information may include, but is not limited to, your name, physical addresses, telephone numbers, e-mail addresses, company affiliations, and associated interests. Personal Information does not include anonymous data, such as where the identity of an individual has been irretrievably removed. “Aggregated Data,” such as statistical or demographic data, may be derived from your Personal Information, but does not reveal your identity.

ACCEPTANCE OF PRIVACY POLICY

By using the Services or the Digital Properties, you signify your acceptance of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Services or Digital Properties. Your continued use of the Services following the posting of changes to these terms will mean that you accept those changes.

Third Party Links and Applications. Our Digital Properties may include links to third party websites, platforms, plug-ins, and applications. We do not control these third party websites, platforms, and applications and are not responsible for their privacy policies. We encourage you to read the privacy notice of every website you visit or application you use when you leave our Digital Properties.

III. WHAT CATEGORIES OF PERSONAL INFORMATION DO WE GATHER ABOUT YOU?

We may collect, use, store and transfer different kinds of Personal Information about you which we have grouped together follows:

Identity Data (for example, your first name, last name, username or similar identifier, birth year, gender, or other basic demographic information).
Contact Data (for example, your billing address, residential address, email address, and telephone numbers).
Technical Data (for example, your internet protocol (IP) address, internet service provider (ISP), login data, browser type and version, browser language, operating system, date/time stamp, clickstream data, time zone setting and basic geolocation, device type, and other technology on the devices you use to access our Services and Digital Properties).
Mobile Device Location Data (if you use our website or mobile applications and permit certain precise location settings and permissions, you consent to providing us with access to your precise geolocation information. You may withdraw this consent at any time by turning off those same settings and permissions, but information collected before such withdrawal remains lawful to process.).
Usage Data (information about how you use our Digital Properties and Services, including, for example, the time and duration of your use or your viewing history).
Marketing and Communications Data (for example, your preferences in receiving marketing from us and our third parties, if any, and your communication preferences).

If You Fail to Provide Personal Information. Where we need to collect Personal Information by law, under the terms of a contract we have with you, or for our legitimate interests, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to suspend or cancel a product or service you have with us, but we will notify you if this is the case at the time. We do, however, ask that you do not send us any sensitive personal information, such as race, health or social security numbers.

HOW IS YOUR PERSONAL INFORMATION RECEIVED, COLLECTED, AND USED?

We may collect and receive your Personal Information from you, third parties, and online or offline public resources. Additionally, we may combine your Personal Information from multiple sources. For information on how we share Personal Information, see Section VI. We use your Personal Information in different situations, including:

To Provide Services. We may collect and use your Personal Information to provide Services, communicate with you about those Services, and comply with and enforce contractual obligations.
To Provide Relevant Personalized Information about FSM Services. We may collect and use your Personal Information in order to provide you with information about an FSM Service that may be of interest to you, major changes to FSM properties, an upcoming event, or other marketing communications on our behalf, and we may share your information with FSM affiliates and third-party service providers (for whom we have your permission) for these purposes.
Inquiry/Request Response. We may collect your Personal Information when you contact us for information for our Digital Properties, Services, or other information, in order to respond and provide the appropriate assistance and response.
Feedback and Testimonials. We may collect your Personal Information when you choose to engage with us or otherwise give us feedback. Also, we may use your testimonials in or on our Digital Properties, publications, or other FSM marketing materials, which may require the inclusion of Personal Information, such as your name or photograph.
Monitor Digital Properties Usage, Trends, and Experience. When you interact with our Digital Properties, or by email, we may automatically collect, or facilitate the collection of, Personal Information on your interactions with us and our Digital Properties and about your equipment. For example, we may collect Personal Information through the Website by using first and third-party cookies, Flash cookies, HTML5 local storage, server logs, web beacons, clear gifs, and other similar technologies. We use these automated technologies to collect Personal Information because some are strictly necessary for the core functionality of our Digital Properties and providing our Services, including performance analytics, personalization, and online security.

We also use functional cookies and technologies to help us improve our customer experience with our Digital Properties and Services.

Finally, with your consent (depending on your settings), we may use cookies for advertising purposes, which could include helping us collect your Technical, Usage, and Profile Data if you visit other websites employing our cookies, or to allow us to deliver relevant, personalized advertisements and content to you on our Digital Properties, Services, and other third-party sites. In addition to disabling cookies and other tracking technologies, you may learn about targeted advertising generally and opt out of receiving targeted advertising by visiting websites operated by the Digital Advertising Alliance.

Vendors, Consultants, and other Service Providers. We may collect Personal Information from third parties and public sources that could include: our affiliates and business partners, subcontractors in technical and delivery services, advertising networks, analytics providers, marketing partners, search information providers, or social media platforms. A third party service provider may, for example, use cookies to build individual user profiles, which we use to provide you with tailored content, advertising, and messaging. You may also manage some of the automated technologies being used for these purposes, and your preferences in your web browser.
When we provide you geographically relevant Services, offers, or advertising. With your consent, which may be provided when you enable certain features on your mobile or electronic device, we may collect your Mobile Device Location Data, and use such data to provide you with Services or advertising through your device that are relevant to your precise location. We may also use such information to improve our Digital Properties and Services. This location data is stored on your mobile device, unless you elect to have it saved to your search history and stored on our servers. You may withdraw your consent at any time by changing the settings on your apps, but such withdrawal will have no impact on the lawfulness of the prior processing.
Events. We may collect or receive your Personal Information when you register for or attend an event hosted or sponsored by us. If the event is in partnership with a third party, we may share your Personal Information with that interested party, so they can, for example, maintain an attendance list, or contact you with event details. We will not share your information with them for their marketing purposes without your consent, which may be obtained at the time of your registration or through a supplemental privacy notice, but will not be required in order to attend.
Online Engagement. We may collect your Personal Information when you engage with our websites and digital properties. This may occur when you click on advertisements, interact with our social media pages, or otherwise enter information into comment fields, message boards, and other online forums sponsored by or affiliated with FSM. For additional information, please view the Terms of Service.
At Your Direction. We may collect and use your Personal Information at your direction or as otherwise needed to fulfill the purposes for which you provided the Personal Information.
Other Business-Related Purposes. For other business-related purposes permitted or required under applicable local law and regulation or to enforce our agreements, policies, and terms of service.

CHANGE OF PURPOSE

We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us, as set forth in Section XVI of this Privacy Policy.

WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

Except as described in this Privacy Policy or as required by law, we do not sell, license, rent, or swap your Personal Information without your permission. We may have to share your Personal Information with the categories and types of parties set out herein for the purposes outlined in Section IV. We require all third parties to respect the security of your Personal Information and to treat it in accordance with applicable law. Here are some examples of how we may share your information:

FSM affiliates. Your Personal Information may be shared between and among FSM and its affiliated entities (including but not limited to the Boston Red Sox, Boston Common Golf, New England Sports Network, the Pittsburgh Penguins, and Roush Fenway Keselowski Racing) to provide our and their Services, to provide you with marketing and other information about our and their Services, including but not limited to offers and promotions, and to better understand our business, analyze our operations, improve the Services, and to develop new Services to support our business goals.
Service Providers and Vendors. We contract with service providers to help us with email distribution, list processing, and analytics management. We provide service providers only with the information they need to perform their services. We prohibit them from sharing, reselling, or using our data for their own marketing purposes. For example, we may share your email address with a service provider necessary to send you emails (including newsletters) on our behalf. That service provider may not share your email address or Personal Information with other companies, and may only send you emails on behalf of FSM.
Social Media Platforms. We may use widgets and tools from third party social media platforms on our Digital Properties to enable sharing and other functions through social media platforms, which facilitates the collection and sharing of your Personal Information by these social media platforms governed by their privacy policies.
Surveys and Events. We may facilitate the collection of, or share your Personal Information with a third-party service provider, vendor, co-sponsor, or the like when we conduct, administer, host, or co-sponsor surveys or events.
Marketing and Advertising Partners. We may share personal data with third parties for marketing and advertising, such as Google Display Advertising and Google Analytics, so they can assist us in promoting our Services on and off our Digital Properties through targeted advertisements. Visitors to this web site can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Preferences Manager. Visitors to this web site can also implement the Google Analytics opt-out browser add-on.

Merger or Acquisition Partners. We may share your Personal Information with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may acquire other businesses or merge with them. If a merger or acquisition occurs, then the new owners may use your Personal Information in the same way as set out in this Privacy Policy.
Government Reporting/Audit/Requests Requirements. We may use or share Personal Information in order to satisfy governmental reporting, tax, and other requirements, as required by law. This may include having to meet U.S. national security or law enforcement, regulatory, or self-regulatory requirements.
As Otherwise Obligated by Law. We may disclose your Personal Information if we have a good faith belief that disclosure is necessary to comply with the law or with legal process, such as to comply with a subpoena, protect and defend our rights and property, to protect against misuse or unauthorized use of our Services, or to protect the personal safety or property of our users or the public. For example, we may disclose your Personal Information pursuant to a subpoena, court order or similar legal process compliance, if we have a good faith belief the disclosure is legally necessary.
Emergency. We may share your Personal Information to respond to an emergency that we believe in good faith requires us to assist in preventing the death or serious bodily injury of any person.
Consent. We may share your Personal Information if we otherwise notify you and you consent to the sharing.

VII. THIRD PARTY PERSONAL INFORMATION

Before you disclose the Personal Information of another person, you must obtain that person’s consent to both the disclosure and the processing of that information in accordance with this Privacy Policy. If you choose to provide us with that Personal Information, you represent that you have that other person’s permission to do so.

VIII. CHILDREN’S PRIVACY PROTECTION

Under Age 13. FSM understands the importance of protecting children’s privacy in the interactive online world. The Services and Digital Properties are not designed for, or intentionally targeted at, children under 13 years of age. It is not our policy to intentionally collect or maintain information about anyone under the age of 13. No one under the age of 13 should submit any Personal Information to FSM or the Digital Properties.
Under Age 18. Minors under 18 years of age may have the Personal Information that they have provided to FSM through the Digital Properties deleted by sending an email to dataprivacy@fenwaysports.com requesting deletion. Please note that, while we make reasonable efforts to comply with such requests, deletion of your Personal Information does not ensure complete and comprehensive removal of that data from all systems.

RESPONSE TO “DO NOT TRACK” SIGNALS

Some Internet browsers include the ability to transmit “Do Not Track” signals. Since uniform standards for “Do Not Track” signals have not yet been adopted, FSM does not process or respond to “Do Not Track” signals.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California law provides you with the following rights with respect to your Personal Information:

The right to know what Personal Information we have collected, used, disclosed and sold about you. To submit a request to know, you may contact us at dataprivacy@fenwaysports.com or by mail at 98 Brookline Ave, Boston MA 02215.
The right to request that we delete any Personal Information we have collected about you. To submit a request for deletion, you may reach us at dataprivacy@fenwaysports.com or by mail at 98 Brookline Ave, Boston MA 02215.
To the extent we sell your personal information as the term “sell” is defined under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by e-mailing or mailing your request to us at dataprivacy@fenwaysports.com or at 98 Brookline Ave, Boston MA 02215, attn: “CCPA Request.”

Exercising your right to opt-out of the sale of your personal information does not mean that you will stop seeing ads or that you will stop seeing interest-based ads. To learn more about interest-based advertising across sites and additional opt-out choices, you should visit one or more of the following industry opt-out links: http://optout.aboutads.info/#/, http://optout.networkadvertising.org/#, and http://www.aboutads.info/appchoices). We are not responsible for any downstream participants’ compliance or the accuracy of their privacy policies or statements regarding their opt-out options or programs. If you are a California resident, you also have the right, under California Civil Code Section 1798.83, to request and obtain from us, once a year and free of charge, a list of the third parties to whom we have disclosed Personal Information for their direct marketing purposes in the prior calendar year. Please email requests for such information to dataprivacy@fenwaysports.com.

Sections III and IV of this Privacy Policy set forth the categories of Personal Information we have collected in the preceding 12 months, the sources of that personal information, and how we have used and shared such personal information in the preceding 12 months.

Your exercise of these rights will have no adverse effect on the price and quality of our goods or services.

INTERNATIONAL TRANSFERS (EU/EEA, UK, AND OTHER APPLICABLE JURISDICTIONS)

FSM is headquartered and operates in the United States, and some of our external third parties may be based outside the EU/EEA. In order to perform our contractual obligations with you, if any, as well as for operational and other legitimate interest reasons, we may process, store, and transfer Personal Information in a country which may be outside of your own. By providing us with your Personal Information you acknowledge such transfer of information out of your jurisdiction. If you do not wish for certain Personal Information to be so transferred, please do not provide your Personal Information to us and/or take such steps described herein to prevent the collection of your Personal Information. Please note in your doing so, and without such information, we may be unable to provide Services to you. If you have any questions, please contact us.

Whenever we transfer your personal data out of the EEA and/or the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: (1) we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission (in the case of transfers out of the EEA) or the UK Government (in the case of transfers out of the UK); and (2) where no such adequacy regulations exists, we shall use specific contracts approved by the European Commission (in the case of transfers out of the EEA) or the UK Government (in the case of transfers out of the UK) which gives personal data the same protection it has within the EEA and/or the UK as applicable.

XII. DATA INTEGRITY AND SECURITY

We have put in place commercially appropriate security measures to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed, and to maintain its accuracy and integrity. While no security is impenetrable, we implement and maintain commercially appropriate technical, physical, administrative, and organizational measures to ensure a level of security appropriate to the risk for our use of the Personal Information, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing. For Personal Information of EU/EEA and UK residents, we also take into account the risk of varying likelihood and severity for the rights and freedoms of individuals. FSM personnel receive training, as applicable, to effectively implement our privacy policies. We have put in place procedures to deal with any suspected personal information breach and will notify you and/or any applicable regulator of a breach where we are legally required to do so.

Please be aware that no operator of a website, mobile application or digital product, including FSM, can fully eliminate security risks associated with Personal Information. While FSM has endeavored to create secure and reliable Digital Products for users, the confidentiality of any communication or material transmitted to/from the Website, the App or other Digital Products or via e-mail cannot be guaranteed.

XIII. MINIMIZATION, RETENTION, AND DELETION OF PERSONAL INFORMATION

We will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including, for example, for so long as we provide you with Services, and for the purposes of satisfying any legal (including, but not limited to, enforcement of agreements or resolving disputes), accounting, or reporting requirements.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information, and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances, we may anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

XIV. EU/EEA AND UK SPECIFIC CLAUSES

A “controller” is a person or organization who, alone or jointly, determines the purposes for which, and the manner in which, any personal data is, or is likely to be, processed. For the avoidance of doubt, this policy is issued on behalf of FSM as a controller. Unless we notify you otherwise, FSM is the controller of your Personal Information.

Lawful Basis for Processing (EU/EEA; UK) Regardless of your jurisdiction, we will only use your Personal Information when the law allows us to. That said, if you are a resident of the EU/EEA or the United Kingdom, our lawful basis for collecting and using your Personal Information will depend on the Personal Information concerned and the specific context in which we collect it. Generally, we will not collect or access any Personal Information other than in the manner described above.

What we mean by legitimate interests is the interest of our business in conducting, managing, and growing our business to enable us to give you the best and most secure experience with our Services or Digital Properties. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

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 information. If you would like to get more information on how we balance legitimate interests or the specific legal ground we are relying on, please contact us.

Where we rely upon your consent to process the Personal Information, you have the right to withdraw or decline your consent at any time. We do not generally rely on consent as a legal basis other than in relation to sending third party direct marketing communications to you via email. You may withdraw consent to marketing at any time by contacting us at dataprivacy@fenwaysports.com, or by using any of the relevant methods described in Section XVI. Please note that this does not affect the lawfulness of the processing based on consent before its withdrawal.

Your Data Subject Rights (EU/EEA and UK) Under certain circumstances, you have rights under applicable data protection laws with respect to Personal Information we knowingly collected.

We will try to comply with any of these requests pertaining to your Personal Information in accordance with applicable law. As a security measure, we may need to verify your identity before acting on your request. We may also contact you to ask you for further information in relation to your request to speed up our response. Please recognize that in certain circumstances we may be unable to provide the access or information sought, or correction or deletion requested. This may be because a request would require us to release commercial confidential information, disclose Personal Information relating to another person that is not the requestor, or would result in impracticability, excessive redundancy, and/or an undue burden or expense to FSM.

You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if it is clear that your request is unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Right to Access. A person who has provided his or her Personal Information directly to us may have certain access to their Personal Information and to check that we are lawfully processing it.
Correction. You may request correction of any incorrect or inaccurate Personal Information that we hold about you. Any such corrections must be truthful, complete, and accurate. In your request, please be as clear as possible what Personal Information you have provided to us and what Personal Information you would like corrected.
Erasure. You may request that we will delete the Personal Information that we hold about you. In your request, please be as clear as possible what Personal Information you have provided to us and what Personal Information you would like deleted. If you ask us to delete your information before we have used it for the necessary purposes set out in this policy, we may not be able to do so, due to technical, legal, regulatory and contractual constraints.
Object to processing. You may object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override the potential impacts.
Restriction. You may request restriction of processing of your personal data which enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (c) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Transfer. You can request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent. You may withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact our privacy manager at:

Email: dataprivacy@fenwaysports.com

Phone: If you wish to speak to someone, you may find the phone number and hours of operation listed at fenwaysportsmanagement.com

Mail: 98 Brookline Ave, Boston, MA 02215, Attention: Fenway Sports Management

Complaints In the First Instance. Subject to applicable law, EU/EEA residents, including the United Kingdom, who believe we maintain their Personal Information within the scope of the applicable privacy laws have a right to make a complaint at any time to their local supervisory authority or to the Information Commissioner’s Office, the UK Supervisory Authority, for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.

CHANGES TO THIS POLICY

This Privacy Policy may be amended from time to time, consistent with the applicable data protection and privacy laws and principles. We will make you aware of changes to this Privacy Policy either by posting to our website, through email, or other means, particularly prior to any material changes becoming effective. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. We display an effective date on the policy in the upper right corner of this Privacy Policy so that it will be easier for you to know when there has been a change. If you do not wish your information to be subject to the revised Privacy Policy, you will need to deactivate any accounts with us and stop using our Digital Properties and Services. Your continued use of our Digital Properties and Services after the posting of such changes will constitute your consent to such changes. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice.

XVI. WHO SHOULD YOU CONTACT IF YOU HAVE QUESTIONS?

If you have any questions or concerns about this Privacy Policy, or are seeking to exercise any of your statutory rights, please contact FSM using the details below.

Email: dataprivacy@fenwaysports.com

Phone: If you wish to speak to someone, you may contact us at 617-226-6000 and ask for our privacy manager.

Mail: 98 Brookline Ave, Boston, MA 02215, Attention Legal

Updates to Personal Information: If you would like to update your Personal Information, or if you no longer desire our services, you can contact our Privacy Manager at the above contact information.

Last Updated: January 31, 2024