Hall of Bobbleheads
Terms and Conditions
- This TERMS AND CONDITIONS (this "TOC") is accepted by me on behalf of myself and, if applicable, my child or ward, in favor of the San Francisco Giants Baseball Club LLC ("Giants") and its affiliates (collectively, the "Licensed Parties") to grant the Licensed Parties the right to film, record, photograph, or use any other mechanical means of recording me or my child or ward, as applicable, in connection with the Hall of Bobbleheads (the "Recording"). I am accepting this TOC in consideration for Giants allowing me to participate in the Recording and the Hall of Bobbleheads promotion, and use of and access to my personalized bobblehead, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Use of the website associated with the Hall of Bobbleheads promotion (the "Hall of Bobbleheads Website"), the associated application and all products and services provided and/or distributed (whether via this Website or elsewhere) by SFGBC which link to this Terms and Conditions, all of which will be referred to herein collectively as the "SFGBC Properties" and individually as an "SFGBC Property" are subject to this Agreement. Except for your or your child or ward's transmission of messages, information, ideas, opinions, images, audio, video, creative works or other information or material (collectively, the "Submitted Content"), the SFGBC Properties are either owned by or licensed to the Giants. The applicable owners and licensors retain all rights to the SFGBC Properties, including, but not limited to, all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of your, or your child or ward's bobblehead, as applicable, on any single device for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the SFGBC Properties without first obtaining the written permission of the Giants or otherwise as expressly set forth in this TOC. The SFGBC Properties must not be used in any unauthorized manner. In some instances, this TOC and separate terms (e.g., an end user license agreement) will apply to the SFGBC Properties. By using the SFGBC Properties, you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by such terms and conditions. When you submit personal information (e.g., full name and address) to the SFGBC Properties, you acknowledge and agree by acceptance of this Agreement that such personal information may be used in accordance with this Privacy Policy. You must not use the SFGBC Properties to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of the Giants, or Major League Baseball or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts any of the SFGBC Properties, imposes an unreasonable or disproportionately large load on any SFGBC Property infrastructure or otherwise adversely affects, restricts or inhibits any other user from using any of the SFGBC Properties; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent or inappropriate, which constitutes hate speech or which adversely affects the Giants' business, or is otherwise objectionable in the Giants' sole determination; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any material of a commercial nature, including but not limited to advertising, promotions, "junk mail," "spam," "pyramid schemes," "chain letters" or solicitation of any kind; (vii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (viii) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate players, management, employees of baseball or any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (ix) use or attempt to use another's information, account, password, service or system except as expressly permitted; (x) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers or credit or debit card numbers; (xi) use automated scripts to collect information from or otherwise interact with the SFGBC Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the SFGBC Properties. Third party text, photo, graphic, audio and/or video material, (collectively, the "Third Party Materials") contained on or incorporated in the SFGBC Properties shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a device except for personal and non-commercial use. No third party provider, including without limitation AP, will be held liable in any way to any user of an SFGBC Property, or to any third party who may receive information in the Third Party Materials, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof, or for any damages arising from or occasioned by any of the foregoing.
- I hereby irrevocably permit, authorize, grant, and license the Licensed Parties and its affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and the employees, officers, directors, and agents of each and all of them ("Authorized Persons") the right to use the rights to display, publicly perform, exhibit, transmit, broadcast, cablecast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use the Recording, including my name, image, likeness, and appearance, or that of my child or ward, as applicable, as they appear in the Recording, in connection with the Licensed Parties' for the purpose of trade, promotion advertising, public relations, publicity, and/or otherwise for promotional purposes, including, but not limited to, the purpose of advertising, marketing and/or promoting the Giants (the "Material"), in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to, Â on broadcast television, including cablecast, and satellite, and on the internet, including social media, and other digital transmission or delivery methods and non-broadcast/industrial uses, or in any Giants programming or commercials, ballpark features, internet commercials, social media and/or other media, in whole or in part (collectively, the "Media") or, without notification or additional consideration, except where prohibited by law.
- I acknowledge and agree that the Licensed Parties shall be the exclusive owner of all rights, including copyright, in the Materials. I, on behalf of myself and my child or ward, if applicable, hereby irrevocably transfer, assign, and otherwise convey to the Licensed Parties my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. I acknowledge and agree that I on behalf of myself and my child or ward, if applicable, have no right to review or approve Materials before they are used by the Licensed Parties, and that the Licensed Parties has no liability to me or my child or ward, as applicable, or my heirs or personal representatives for any editing or alteration of the Materials or for any distortion or other effects resulting from the Licensed Parties' editing, alteration, or use of the Materials, or the Licensed Parties' presentation of me or my child or ward, as applicable. Any credit or other acknowledgment of me or my child or ward, as applicable, if any, shall be determined by the Licensed Parties in the Licensed Parties' sole discretion. The Licensed Parties have no obligation to create or use the Materials or to exercise any rights given by this TOC.
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- To the fullest extent permitted by law, I, on behalf of myself and my child or ward, as applicable, hereby (i) expressly and irrevocable release, discharge and waive all claims, demands, losses and liabilities of any nature which may arise from, directly or indirectly, or relate to the Licensed Parties exercise of their rights under this TOC or the production, exhibition, advertising, promotion, exploitation, or other use of the Recording, and/or the Materials, and whether resulting in whole or in part by the negligence of the Licensed Parties or any other person, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, "Claims") and (ii) covenant not to make any Claims against the Licensed Parties and their respective parents, affiliates, subsidiaries and advertising and promotion agencies, and each of their respective officers, directors, employees and agents (collectively, the "Released Parties") as a result of, the exploitation of the rights granted hereunder or dissemination or use of the Recording or the Material. I understand that I am responsible for any injury or damage that may arise out of or in connection with my or my child or ward's, as applicable, participation in the Recording and, to the fullest extent of the law; I agree to defend, indemnify and hold harmless in connection therewith I agree to defend, indemnify, and hold harmless the Released Parties from and against all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for infringement of moral rights, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world by third parties resulting from my or my child or ward's breach or alleged breach of this TOC or any of the representations and warranties contained herein.
- I understand that Company is relying on this TOC and will incur significant expense in reliance on this TOC, and I agree that I may not terminate, rescind, or modify, in whole or in part this TOC. I waive my right to injunctive and other equitable relief in the event of a dispute with the Licensed Parties. I will not have the right to enjoin or interfere with the production, distribution, exploitation, advertising, or promotion of the Recording or the Materials.
- I represent and warrant to Company that I am at least eighteen (18) years of age, and I have full right, power, and authority to accept the terms of this TOC and grant the rights hereunder. I further represent and warrant to the Licensed Parties that I will provide only true and correct statements and other information in connection with this TOC and the Licensed Parties' use of the Materials and the rights and license granted hereunder do not, and will not, violate any right (including without limitation copyright, trademark, trade secret, right to privacy, or right of publicity) of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from, or any payment to, any third party is required in connection herewith.
- This TOC constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. The Licensed Parties in their sole discretion may amend this TOC, in which case we will post the amended TOC within the Hall of Bobbleheads Website. Your use of the Hall of Bobbleheads Website or associated services after such amended TOC is posted will constitute acceptance of it by you. MLB may be required to notify you of certain events concerning the Hall of Bobbleheads Website or associated services and your use thereof, and your use of the Hall of Bobbleheads Website or associated services constitutes acceptance that such notices will be effective upon our posting them on the Hall of Bobbleheads Website or, if we elect in our sole discretion, emailing you at an address you have provided to us. Sections 2, 3, 4, 5 6, 7, 8, 9, 10, 11, and 12 of this TOC will survive any termination or cancellation of this TOC. The Licensed Parties' performance under this TOC is subject to applicable law and nothing contained herein is in derogation of the Licensed Parties' right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Hall of Bobbleheads Website or associated services or information provided to or gathered by the Licensed Parties' with respect to such use. If any term in this TOC is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this TOC are for convenience only and must not be given any legal import.
- DISCLAIMER OF WARRANTIES. A. USE OF the Hall of Bobbleheads Website or associated services INCLUDED THEREIN, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY the Licensed Parties AND/OR THE APPLICABLE VENDOR, the Hall of Bobbleheads Website or associated services, AND ALL MATERIALS CONTAINED OR DISTRIBUTED THEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. C. THE LICENSED PARTIES DO NOT WARRANT THAT: (1) the Hall of Bobbleheads Website or associated services WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN the Hall of Bobbleheads Website or associated services AVAILABLE THEREFROM, WILL BE CORRECTED; (3) the Hall of Bobbleheads Website or associated services WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN the Hall of Bobbleheads Website or associated services AVAILABLE THEREFROM, WILL BE ACCURATE OR RELIABLE.
- LIMITATIONS ON LIABILITY. A. NOTWITHSTANDING ANY TERM IN THIS TOC, OTHER APPLICABLE TERMS AND CONDITIONS OF the Hall of Bobbleheads Website or associated services OR ANY ACT OR FAILURE TO ACT BY THE LICENSED PARTIES OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA the Hall of Bobbleheads Website or associated services. B. IN NO EVENT SHALL THE LICENSED PARTIES BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO USE THE Hall of Bobbleheads Website or associated services. C. IN NO EVENT SHALL THE LICENSED PARTIES, OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE the Hall of Bobbleheads Website or associated services. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE LICENSED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF THE LICENSED PARTIES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE LICENSED PARTIES OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH the Hall of Bobbleheads Website or associated services, IS $50. D. IN NO EVENT SHALL THE LICENSED PARTIES BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF the Hall of Bobbleheads Website or associated services, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
- You hereby agree to indemnify and hold the Licensed Parties and the MLB Entities harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (i) your use of the Hall of Bobbleheads Website or associated services; or (ii) any alleged breach of this TOC by you. For purposes of this Agreement, the "MLB Entities" shall mean MLB, the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs ("Clubs"), Major League Baseball Properties, Inc., The MLB Network, LLC, each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
- The Licensed Parties may change, suspend or discontinue any aspect of the Hall of Bobbleheads Website or associated services at any time, including the availability of any feature, database or content. The Licensed Parties may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the Hall of Bobbleheads Website or associated services without notice or liability at any time in the Licensed Parties' exclusive discretion, without prejudice to any legal or equitable remedies available to the Licensed Parties, for any reason or purpose, including, but not limited to, conduct that the Licensed Parties believe violates this TOC or other policies or guidelines posted on the Hall of Bobbleheads Website or associated services or conduct which the Licensed Parties believe is harmful to other customers, to their business or to other information providers. In addition and without prejudice to any other remedy available to the Licensed Parties, the Licensed Parties may immediately terminate this TOC if you breach any term of this TOC or other operating term set forth by the Licensed Parties in the Hall of Bobbleheads Website or associated services. This TOC may also be immediately terminated at any time by the Licensed Parties in its sole discretion.
- ARBITRATION; CONSENT TO JURISDICTION IN CALIFORNIA; ATTORNEYS' FEES; TIME PERIOD LIMITATION FOR CLAIMS. Any and all Claims arising out of or relating to this Agreement, the breach thereof, or any use of the Hall of Bobbleheads Website or associated services, except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you, on behalf of yourself and your child or ward, as applicable, and the Licensed Parties waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in San Francisco California, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This arbitration provision shall survive termination of this Agreement.
- Subject to the limitations set forth below in this Section, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of California, provided that: (i) The arbitrator shall not have authority to award punitive damages unless authorized to do so by statute; and (ii) Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and the Licensed Parties agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
- For any Claims that are not subject to arbitration: (i) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within San Francisco, California (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (ii) you and the Licensed Parties waive any and all rights to trial by jury with respect to any Claims.
- In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under subsection b. above other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this agreement to arbitrate and the Forum to which the parties have herein agreed.
- To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide the Licensed Parties with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
- Any and all Claims arising out of or related to this TOC or to your use of the Hall of Bobbleheads Website or associated services shall be governed by, and construed and interpreted in accordance with, the laws of the State of California, without regard to conflict of laws principles.
- BY PARTICIPATING IN THE HALL OF BOBBLEHEADS or its related services, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS TOC. If you do not agree to the terms in this TOC, you must not use any of the services associated with the Hall of Bobbleheads. The Licensed Parties may change the terms of this TOC at any time, and your use of services associated with the HALL of Bobbleheads after such change is posted will mean that you accept such change.
- Under California Civil Code Section 1789.3, California users of the services associated with the HALL of Bobbleheads are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Privacy Policy
PLEASE READ THIS PRIVACY POLICY (THIS "PRIVACY POLICY") CAREFULLY BEFORE USING THIS WEBSITE, APPLICATION OR ANY SERVICE IN CONNECTION WITH THE HALL OF BOBBLEHEADS.
San Francisco Giants Baseball Club LLC ("SFGBC") and Hornet Animations, Inc. ("Famous") are the organizations producing the Hall of Bobbleheads and its associated services, including this website (the "Website"). For customers within the EU, SFGBC the data controller of your personal data. Please see the contact details at the end of this Privacy Policy. This Privacy Policy is applicable to this Website, the associated application and all products and services provided and/or distributed (whether via this Website or elsewhere) by SFGBC which link to this Privacy Policy, all of which will be referred to herein collectively as the "SFGBC Properties" and individually as an "SFGBC Property." This Privacy Policy describes what information we collect via the SFGBC Properties, how we may use that information, when and to whom it may be disclosed, and the choices we offer for you to manage the personal information we collect related to your use of the SFGBC Properties. This Privacy Policy does not apply to the collection of information from you by offline (e.g., when you provide information over the phone or on a paper form). The SFGBC Properties may link to services or properties operated by third parties (e.g., the official Major League Baseball Website) which are not subject to this Privacy Policy. You should familiarize yourself with the privacy practices of any third party whose services or properties you utilize and direct any concerns regarding any such third party property to the administrator of the applicable property.
- Personal Information We Collect
- How We Use and Share Your Personal Information
- Other Information Collected
- Other Circumstances When Your Data May Be Shared
- Transferring Your Personal Information Across Borders
- Managing Your Personal Information
- Other Information; Contact Us
1. Personal Information We Collect
We Collect Personal Information You Choose To Provide. You may visit and enjoy many elements of the SFGBC Properties without disclosing any personal information about yourself. However, if you choose to make use of select, special or enhanced elements of the SFGBC Properties, including, but not limited to, participation in the Hall of Bobbleheads activation, you may need to share with us certain personal information so those elements may function properly. When you use certain enhanced elements within the SFGBC Properties (e.g., create a profile or bobblehead, obtain online access or a digital copy of a bobblehead, make a purchase or publish a comment), the personal information we collect may include, but is not limited to:
- Full name,
- Email address,
- Password,
- Street address,
- Telephone number(s),
- Birth date,
- Payment card information,
- IP addresses,
- Location data and
- Contacts (as stored in your wireless device).
If we collect your information, in most instances, the applicable page(s) or location(s) within the SFGBC Properties will include statements regarding what information is required and functionality for you to submit required or requested information.
2. How, and for What Purpose, We Use and Share Your Personal Information
If you submit personal information to us, or to any third party acting on our behalf (a "Service Provider"), via the SFGBC Properties, we may use and share your information as set forth in this Privacy Policy, as disclosed when you first submit your information or as otherwise permissible under applicable law. We will not sell, lease, publish or share your personal information with or to anyone else, except as set forth in this Privacy Policy. We may use and share your personal information as described in Section 1 above and:
- To provide you with information you have requested, or with products, services or content you have purchased, used or otherwise engaged with, (e.g., an email with your personalized bobblehead including a link to the Hall of Bobbleheads and discounts or rewards programs relating to the San Francisco Giants, a sweepstakes, subscription to goods or services, etc.) and to communicate with you (including via postal mail) about the same;
- To communicate with you about the San Francisco Giants and about products, services, sponsors, partners or affiliates related to a purchase you have made or rules or terms to which you have agreed, to the extent the sending of such communication is permissible under applicable law;
- To the extent you've submitted information or accessed functionality or content that relates specifically to the San Francisco Giants (e.g., you've asked to receive the newsletter of, receive commercial emails or you've made a purchase), so we and they may learn more about fans like you, add you to the postal mail list, and provide better services to you;
- To send you periodic surveys to help improve the SFGBC Properties or your experience;
- In connection with loyalty, membership or rewards programs operated or accessible from the SFGBC Properties;
- When the personally identifying components of your information are removed, we may use and share such anonymized information for internal purposes amongst MLB Entities (e.g., to learn about the age distribution of our users) ("MLB Entities" means MLB Advanced Media, L.P. ("MLBAM"), the Office of the Commissioner of Baseball, the thirty (30) Major League Baseball (collectively "MLB Clubs" and each an "MLB Club"), Major League Baseball Properties, Inc., The MLB Network, LLC, and Tickets.com, LLC.);
- In accordance with any other permission you provide at the time you submit such information to us; and
- To provide your personal information to other SFGBC Properties where necessary for the purposes set out in this policy.
For customers in the EEA, we are required to give you information about the legal basis on which we process your personal information. In some cases, such as where you have purchased a service, the processing of your personal information will be necessary in order to perform a contract with you. In many other cases, the processing will be necessary for the purpose of legitimate interests we are pursuing, namely the facilitation of the purposes for which your personal information is processed as set out above.
3. Other Information Collected
Technical Information. When you use the SFGBC Properties, we use software tools, including but not limited to cookies (small amounts of data which include a unique string of characters sent to your browser or application from a website's computers and stored on your computer's or device's hard drive), web beacons (technology used to track activity, also known as pixel tags) and similar technologies, to collect a variety of information, for example the IP address of the computer or device used to access the SFGBC Properties, the type of Internet browser or operating system used to access the SFGBC Properties, the date and duration of a Website visit or the Internet Protocol address used to access the Website. We use such technical information for internal purposes, for example to study and improve the response times of our Website. We may associate such technical information with personal information you provide to us as described in Section 1 above, in which case we will treat such associated information as personal information. Please be advised that associating technical information with personal information may be required for us, and our Service Providers, to recognize you and your communications with us, for example to retain your newsletter preferences or enable your use of a "shopping cart." Â Â Customers within the EEA will be asked for consent prior to the setting of cookies.
Location Data. When you use the SFGBC Properties via a wireless device we may solicit your permission to collect your location data. Some features within the SFGBC Properties may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. The specificity of the location data collected may depend on a number of factors, including the device you are using (e.g., laptop, smartphone, tablet) and how you are connected to the Internet (e.g., via cable broadband connection, WiFi). If you enable location services for the SFGBC Properties, we may collect location data (e.g., zip code) periodically as you use or leave open the SFGBC Properties. We use such location information for internal purposes and to improve your SFGBC Properties experience, for example to understand where our users are most successfully accessing the SFGBC Properties. We may associate such location information with personal information you provide to us as described in Section 1 above, in which case we will treat such associated information as personal information. Depending on the platform you use to access our Applications (e.g., Apple's iOS, Google's Android) you may be able to control whether location data is collected from within "Settings" or other controls on your wireless device or the Applications.
Our Access to Your Contacts. When you use the SFGBC Properties, we may solicit your permission to access your contacts list (e.g., address book) so you can be matched with individuals from your contacts lists who participate in the SFGBC Properties and you can invite your friends to participate. We will not store the information in your contacts list except to manage your invitations.
Third Party Cookies and Web Beacons; Network Advertisers. We allow and use select third parties, such as those who deliver advertisements, content, social networking or provide other services associated with the SFGBC Properties to collect data and/or serve ads when you visit the SFGBC Properties. Network advertisers may use information (not including your name, address, email address or telephone number) about your visits to the SFGBC Properties in order to provide advertisements about goods and services of interest to you. This may happen through permission given to such third parties to set cookies, web beacons or similar technologies in certain locations within the SFGBC Properties, including but not limited to certain of our emails. Third party companies that manage and deliver advertisements to websites and applications such as ours are commonly referred to as "network advertisers." A permitted network advertiser may use cookies, web beacons or similar technologies to collect information about your interaction with the SFGBC Properties in order to tailor certain advertisements and content delivered within the SFGBC Properties and on other websites within such network advertiser's ad network. These companies may also use non-cookie technologies to recognize your computer or device and/or to collect and record information about your web surfing activity including your activities on or off the SFGBC Properties. Please keep in mind that your web browser may not permit you to block the use of these non-cookie technologies, and those browser settings that block cookies may have no effect on such techniques. You may learn more about network advertising industry practices and opt out of targeted behavioral advertising from many major third party network advertisers and to know your choices about not having this information used by these companies via the information and tools available here and here.
In order to avoid providing your email address to network advertisers for the activity carried out about to be possible, we use a third party to convert your email address into a unique code (hashed email address), which is then provided to the advertiser.
Other Advertising. We share certain data with Social Networks (as defined below) such as Twitter, Facebook, LinkedIn and Snapchat to allow us to target existing users and customers with highly relevant advertising campaigns. We will not share your name, address, email address or telephone number for the purposes of such campaigns. Instead, a unique code (hashed email address) is shared with the applicable Social Network in order for that identifier to be matched against existing users of the relevant social network and to identify potentially relevant audiences for targeted advertising. We use services such as Linkedin Matched Audiences and Facebook Custom Audiences for these purposes. If you do not wish to receive advertisements in this way, please follow the links in the paragraph above.
 In addition to advertisements for our own goods and services, we may also facilitate third parties to advertise their own goods and services including through targeting those advertisements to those that might be most interested in them. These advertisements may be shown within the SFGBC Properties. This is done using information which does not include your name, address, email address or telephone number and we won't hand over or sell any of your personal information to third party advertisers. In order to provide advertisements relevant to you, your IP address will be used, as well as your operating system and device type. Information about your particular device will be used to show you advertisements which work properly on that device.
Social Networking. When using the SFGBC Properties or when using certain third party social networking services (e.g., Facebook, Twitter, Google +) (each a "Social Network"), you may have the option to connect your SFGBC Properties information and activity with your Social Network information and activity. If you authorize such a connection, you permit us to share or publish information about your SFGBC Properties activity with that Social Network and its users, and to access certain of your Social Network information, as disclosed to you at the time you consent to the connection. Information we may share with a Social Network may include, but is not limited to: technical information about your SFGBC Properties activity, your SFGBC Properties comments or the things you view on SFGBC Properties. Information we may access about you, with your consent, from a Social Network may include, but is not limited to, your basic Social Network information, your location data, your list of contacts, friends or followers and certain information about your activities on the Social Network. If you permit a connection between a Social Network and the SFGBC Properties, we (and that Social Network) may be able to identify you and to associate information received pursuant to the connection with information we already have about you. We recommend that you familiarize yourself with the privacy policy and privacy control options of any Social Network with which you choose to share information or connect to the SFGBC Properties.
Device ID. When you use the SFGBC Properties, we or our Service Provider may collect your unique device ID. We may use such information for internal purposes and to provide you a better SFGBC Properties experience, for example to troubleshoot Application problems you may experience or provide you rewards or offers in connection with your SFGBC Properties activity. We may associate Device ID with personal information you provide to us as described in Section 1 above, in which case we will treat such associated information as personal information. You may learn more about our Service Provider and opt out of any anonymous Device ID collection via the privacy settings available within your mobile device.
4. Other Circumstances When Your Data May Be Shared
- Aggregated and Anonymous Information. We may share aggregated, anonymous information with any third party. This information is not linked to personal information that can identify you or another individual person. Amongst other reasons, this information may be shared for analytics advertising purposes.  As with many websites, we use Google Analytics to understand how you and other visitors engage with MLBAM Properties. If you don't want Analytics to be used in your browser, you can install the Google Analytics browser add-on (https://tools.google.com/dlpage/gaoptout). You can learn more about Google Analytics and privacy here: https://support.google.com/analytics/answer/6004245?hl=en
- Business Transfers. As time passes, SFGBC or MLBAM. may be sold along with its assets, or other corporate transactions may occur. In such a case, our customer information may be one of the business assets we transfer.
- Disclosure for Legal Purposes. We may be required to share your personal and non-personal information pursuant to judicial or governmental subpoenas, warrants or orders. If we are required to do so, we will, of course, obey the law. In addition, notwithstanding any term to the contrary in this Privacy Policy, we reserve the right to use, disclose or share your personal and non-personal information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of Hall of Bobbleheads Terms and Conditions, MLBAM Properties' Terms of Use or as required by law.
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5. Transferring Your Personal Information Across Borders
For customers in the EEA we are obliged to provide certain information relating to the transfer of your personal information outside the EEA. Where you are have purchased a service it may often be necessary to transfer your personal information in order to perform a contract with you. In addition, we may in some circumstances rely on your express consent. If you submit personal information to us, or to a Service Provider, via the SFGBC Properties, you will be voluntarily transferring this personal information to the United States, a jurisdiction which does not provide the same framework for the protection of personal information. The same will be the case in relation to your personal information which is collected when you use SFGBC Properties as specified above.
6. Managing Your Personal Information
You may choose and control what information you provide about yourself and certain information which is automatically collected via the SFGBC Properties. If you do not wish to provide certain information necessary for enhanced functionality or content on the SFGBC Properties, please do not use such functionality or content. If you have registered for an account through our Website, you may review and revise certain of your account information by logging in and then reviewing your account options.
If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows a user to accept or reject most cookies. Certain cookies that are set when some products are accessed via the SFGBC Properties, called local shared objects or Flash cookies, may not be managed using the settings in your web browser. Information on managing, accepting and rejecting these cookies is available from Adobe on the Adobe website. If you set your browser or Adobe Flash options not to accept cookies or local shared objects, you may not be able to take advantage of certain features of the SFGBC Properties.
If you want to review or revise the personal information you provided during Website registration or in connection with the SFGBC Properties, you may log into the Website and then reviewing your account options. If you want to review or revise other personal information you have provided to us, or to close your account(s) and have us delete the applicable account personal information (except what is needed for record-keeping purposes) call SFGBC Customer Service at 1 (415) 972-2000.
Remember that when you share information publicly online, it may be indexable by search engines or recorded by others, and any search engine index or record of your information may persist after you delete the information at the original source.
For customers in the EEA, you have the right to see a copy of the personal information that we hold about you, and you may ask us to make any necessary changes to ensure that this information is accurate and kept up to date.
You may ask us to make any necessary changes to your personal information to ensure it is accurate and up-to-date.
In addition, subject to limitations as provided for by applicable data protection legislation you have the right to request the erasure of your personal data or the restriction of its processing, or the transfer of your personal data to another data controller. Please contact us as specified below if you wish to do so.
Your personal information will be held for the purposes and uses set out in this Privacy Policy and for as long as there is a legal, taxation, accounting, risk management or business requirement to do so. Different retention periods apply to different types of records and data, however the longest your personal data will typically be held is 6 years from the date of your last transaction. This period may be extended where circumstances so require or until a particular query, investigation or dispute is fully resolved.
7. Other Information; Contact Us
- No Spyware or Adware. We do not install any spyware or adware in connection with our services, or distribute any commercial message, or authorize any third party to distribute any commercial message, by means of spyware or adware. "Spyware" or "Adware" is any software which has been downloaded to or installed on an Internet user's computer or device, without the user's actual consent, and facilitates the distribution of any commercial message to the user. If you feel you may have spyware from another company installed on your machine, there are various anti-spyware/adware software applications available on the Internet to identify if this has occurred.
- Our Security Practices. The account information associated with any of our services is private and will not be shared with anyone, however your bobblehead and nickname mat be publicly accessible. In certain areas, we use industry-standard SSL encryption to protect data transmissions.
- Links. Our services may contain links to other websites and products produced by MLBAM and to websites and products operated by unrelated third parties. In addition, if you click on an advertisement within our services, you may be directed to a web page within our services or to a third-party website or product. We are not responsible for the privacy practices of third party websites or products, and we encourage you to read the privacy policies of every website and product that collects personally identifiable information from you. This Privacy Policy applies only to our services, unless you are notified otherwise upon accessing any third party website or product, in which case the terms and conditions set forth in such notification will apply.
- Your California Privacy Rights. If you are a resident of California, pursuant to California Civil Code Section 1798.83, you may request information regarding our disclosure of your personal information to a third party for that party's direct marketing purposes. Any such disclosure made to a third party by us would be otherwise in accordance with the terms of this Privacy Policy. To make such a request please send an email to privacy@website.mlb.com or write to us at: MLB Advanced Media, L.P., Privacy Administrator, 75 Ninth Avenue, New York, New York 10011.
- Special Rules For Children. Because of federal law, we are not permitted to knowingly collect any personal information from a child under the age of thirteen without the consent of that child's parent or guardian. The statements in this Privacy Policy about our collection and use of personal information also apply to our treatment of personal information from children under the age of thirteen. Some elements of our services may require the submission of a payment card number along with personal information in connection with a purchase; other elements of our services may require the submission of personal information to access or use the services. Except in certain cases where limited contact information may be collected and not retained, these elements of our services are not available to children under the age of thirteen. If a child who we know to be under the age of thirteen and for whom we have not received parental consent attempts to utilize a service on our services which is not available to children, he/she will not be able to access it and may receive a message which relays that he/she is not eligible for such feature. For children located in jurisdictions within the EU, where this Privacy Policy refers to consent, this will require the consent of a parent or legal guardian in relation to any person under the age specified by the law applicable to the location of the child in question.
- Contact Us Regarding Privacy. If you have questions or concerns about this Privacy Policy, you can contact us at:
San Francisco Giants Baseball Club LLC
Privacy Administrator
24 Willie Mays Plaza
San Francisco, CA 94112
Phone: (415) 972-2000
Fax: (415) 972-2000
Email:Â privacy@website.mlb.com
- Notification of Changes. If we make an important change to this Privacy Policy, we will post a notification and link within the SFGBC Properties so that you may review the updated policy.