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Privacy Policy


EFFECTIVE DATE:   July 17, 2018

This Privacy Policy is effective as of the date shown above and was most recently revised on July 17, 2018.

A. Scope of Policy

This Privacy Policy (“Policy”) applies to information collected by or on behalf of Pacers Basketball, LLC d/b/a Indiana Pacers and Pacers Sports & Entertainment, Fever Basketball, LLC d/b/a Indiana Fever, Pacers Basketball Development, LLC d/b/a Fort Wayne Mad Ants and Pacers ESports, LLC d/b/a Pacers Gaming (“Pacers,” “we,” “us,” “our” and “ours”) on or through the pacersgear.com website (the “Site”).  This Policy does not apply to information we may collect from you in person or by any other means.  This Site is owned by Pacers and is also subject to the provisions of the NBA Privacy Policy (“NBA Privacy Policy”), which you may access here.  As (described below, any collection of information by the NBA on or through this Site will be in accordance with the NBA Privacy Policy.  Please take a few minutes to review this Policy and the NBA Privacy Policy before using the Site.

1. Terms of Use

If you sign up for updates from the Site, this Policy applies to you.  The Policy also applies to anyone “anonymously” browsing the Site.  This Policy is part of the Terms of Use Agreement for the Site.

2. Privacy Notices

This Policy includes any separate privacy notices and/or notices posted on particular pages of this Site that may provide more detail regarding the Personal Information we collect on those pages, why we need that information, and choices you may have about the ways we use that information.

3. Other Agreements

When you sign up to use a special feature of the Site, you may be asked to expressly consent to special terms, for example, by checking a box or clicking on a button marked, “I agree.”  This separate agreement will supplement or amend this Policy, but only with respect to the matters governed by such separate agreement.

4. Links to Other Sites

This Site may contain links to other third party websites. This Policy does not apply to, and we are not responsible for the privacy practices of, such unaffiliated websites.

5. Access to Site from Outside the United States

Personal Information is currently collected and stored on servers located in the United States, although we may transfer your Personal Information to our service providers and others located in the United States or another country for the purposes described in this Policy. No matter where your Personal Information is collected, used, transferred or stored, if it was collected through this Site, it will be protected by the terms of this Policy.


B. Types of Information We Collect

“Personal Information” refers to information that we collect from you on or through this Site that identifies you personally, alone or in combination with other information available to us. Examples of Personal Information that we may collect from you include your name, address, email address, phone number, age and/or information as prompted by any Site registration forms. We may also collect payment information, typically, credit card account information.  The NBA may also collect such Personal Information from you on or through this Site, in accordance with the NBA Privacy Policy, and may share that information with us for our use consistent with our Privacy Policy.  

1. Information You Volunteer

We collect Personal Information you knowingly and voluntarily provide for proper use of this Site. For example, we collect the Personal Information you submit when you register with this Site for updates.

2. Information Sent by Your Web Browser

We collect information that is sent to us automatically by your Web browser. This information typically includes your IP address (identifies your computer’s “location” and may be linked to account information that identifies you personally), the identity of your Internet service provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. Please check your browser if you want to learn what information your browser sends or how to opt-out of such collection by changing your settings.

3. Cookies and Similar Technologies

We use “cookies” and other Web technologies including “flash cookies” to collect information and support certain features of this Site.  For example, we may use these technologies to:

  • collect information about the ways visitors use the Site—which pages they visit, which links they use, and how long they stay on each page;
  • support the features and functionality of this Site—for example, to save you the trouble of re-entering information already in our database or to prompt the settings you established on previous visits;
  • personalize your experience when you use this Site; and
  • collect and retain data about a visitor’s online activities over a persistent period and/or target certain advertising.

Generally, the information we collect using these Web technologies does not identify you personally. If, however, you have created a user identity, for example, by registering on this Site, we may link the information we collect using these Web technologies to other information that identifies you personally.

Third parties also may place their own cookies within your browser when you visit the Site, including for the purpose of tracking your online behaviors over time and across nonaffiliated websites and/or delivering targeted advertisements either on this Site or on other websites.  We use Google Analytics, a web analytics tool that helps us understand how visitors interact with our Site.  To learn more about Google Analytics, click here.  If you do not want information about your visit to our Site sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here.  Please note that the Add-on does not prevent information from being sent to us. You should be aware that we cannot generally control the use of cookies (or the resulting use of information obtained from cookies) by third parties that host or provide data, content and services for, or advertise on, the Site. 

Generally, if you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept cookies when you visit this Site, you may be unable to use all of the functionality of this Site if your browser rejects cookies.  If you would like to opt-out of having interest-based information collected by certain entities during your visits to this Site or other websites, please click here. You will be directed to an industry-developed website that allows you to choose whether listed entities may collect and use data for online behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on this Site do not participate in this opt-out website.  In that case, the best way to avoid third-party tracking of your online activity may be through your browser settings and deletion of cookies.

4. Social Networking

You also can engage with our content, such as videos, applications (“apps”), and other offerings, on or through third-party social networking sites, such as Facebook, and our or third-party social media plug-ins and applications. When you engage with our content on or through third-party social networking sites, plug-ins and applications, you may allow us to have access to certain information from your social media profile (e.g., name, e-mail address, gender, birthday, location, your photos and videos, your list of friends, people you follow and/or who follow you, your posts or ‘likes’) to deliver the content or as part of the operation of the application. We may also obtain non-personally identifiable information (e.g., content viewed, game performance, high scores, and information about advertisements within the content you have been shown or may have clicked on) from your interaction with our content. We may combine information which we obtain through social networking sites or applications with information we obtain directly through the Site or from other sources.

When you allow us to access information from your social media account(s), it can enable us to do things like (1) deliver relevant content to you, (2) personalize your online experience with us within and outside the Site, and (3) contact you through the social networking sites or directly using your contact information. By engaging with our content through social networking sites or applications, you consent to the use of this information in accordance with this Privacy Policy. When you provide personal information in publicly visible areas of social networking sites or apps, it may be viewed by other members of these sites and we cannot prevent further use of the information by third parties. Through some social networking sites’ privacy settings, you can control what information you share with whom. For more information about how social networking sites handle your personal information, please refer to their privacy policies and terms of use. 

C. How We Use Personal Information

In general, we use Personal Information we collect through this Site:

  • to provide the information, products and services you request;
  • to better understand your needs and interests;
  • to provide you with a personalized experience when you use this Site;
  • to provide you with effective customer service;
  • to improve the content, functionality and usability of this Site;
  • to contact you with information and notices related to your use of this Site;
  • to contact you with special offers and other information (e.g., news, etc.) we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
  • to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us);
  • to improve our products and services;
  • to improve any of our marketing or promotional efforts;
  • for security, credit or fraud prevention purposes; and
  • for any other purpose identified in any other agreement between us.

D. How We Share Personal Information

1. NBA Family

We may share Personal Information collected through this Site with our “NBA Family,” including without limitation Turner Digital Basketball Services, Inc., the National Basketball Association, NBA Properties, Inc., NBA Entertainment, Inc., NBA Media Ventures, LLC, the Women’s National Basketball Association, WNBA Enterprises, LLC, NBA Development League, LLC, the NBA 2K League, each NBA, WNBA, D-League and NBA 2K League team (including but not limited to the Indiana Pacers, Indiana Fever, Fort Wayne Mad Ants and Pacers Gaming) and each of their respective parents, subsidiaries, affiliates and related entities.

2. Third-Party Vendors and Advertisers

We may share Personal Information collected through this Site with third-party vendors who act for or on our behalf.  For example, we may share Personal Information with companies that provide credit card verification services and Web hosting services, or with third parties we have engaged to operate portions of the Site and/or to customize, measure and analyze use of our Site so that we can modify and/or improve our content and services. These third-party vendors may need information about you to perform their functions. We may also share Personal Information with third party advertisers and business partners with products and services which may be of interest to you.

3. Business Negotiations/Transfers

We may contemplate, for strategic or other reasons, selling, buying, merging, or otherwise reorganizing our business. In negotiating with a third party about entering into such an arrangement, we may need to disclose your Personal Information. In such cases, we will take reasonable measures to protect the Personal Information we disclose, for example, by requiring a prospective purchaser to sign a non-disclosure agreement limiting the use and protecting the confidentiality of the Personal Information.

Your Personal Information may also be transferred to a successor organization if, for example, we transfer the operation of this Site to another organization or if we merge with another organization. If such a transfer occurs, the successor organization’s use of your Personal Information will still be subject to this Policy and the privacy preferences you have expressed to us.

4. Compliance with Laws and Protection of Our Rights and the Rights of Others

We may disclose your Personal Information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, or a subpoena. We may also disclose your Personal Information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this Site; to enforce or apply our Terms of Use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others.

5. As Described in a Privacy Notice

We reserve the right to disclose your Personal Information as described in any Privacy Notice posted on the Web page where you provide that information.  By providing your Personal Information on that Web page, you will be consenting to the disclosure of your Personal Information as described in that Privacy Notice.

E. Your Choices

1. In General

We respect your right to make choices about the ways we collect, use, and disclose your Personal Information. As noted above, you have choices about the delivery of cookies to your computer through this Site. In addition, we may ask you to indicate certain choices at the time we collect your Personal Information, for example, via an “opt out” or “opt in” choice.

2. Previously Expressed Preferences/Opt-Out

You may change previously expressed preferences regarding how we use your Personal Information. If you have registered with this Site, you may be able to change certain privacy preferences through your account settings. If at any time you wish to be taken off our mailing lists or otherwise opt-out, please contact us at pacersinsider@pacers.com.  Once we have the information, we will remove you from our mailing lists as you have requested. Please give us a reasonable amount of time to honor your request.

3.  Do Not Track Signals

Your browser may deliver a “Do-Not-Track (‘DNT’) signal,” or similar mechanism for exercising choices about the collection of information about your online activities to this Site.  We do not currently make any guarantee that we will honor DNT signals or similar mechanisms. 

F. How to Access, Update or Correct Your Personal Information

If you have registered with this Site, you may be able to access, update, or correct your Personal Information through your account settings. Otherwise, you may need our help. If you wish to access, update, or correct your Personal Information, please contact us at pacersinsider@pacers.com.  We will respond to you within a reasonable time and, in any case, within the time limits established by applicable law. We may ask you for additional information to verify your identity. In most cases, we will provide access and correct or delete any inaccurate information you discover. In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identify.

G. Steps We Take to Safeguard Your Personal Information/Security

We maintain reasonable administrative, physical, and technological measures to protect the confidentiality, integrity and security of Personal Information you submit on or through this Site. Any credit card numbers and/or other sensitive personal information will be transferred using Secure Socket Layer (SSL) encryption. Unfortunately, no website, server or database is completely secure or “hacker proof.” We therefore cannot guarantee that your Personal Information will not be disclosed, misused or lost by accident or by the unauthorized acts of others.

Keep in mind that your user ID and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID and password.

H. Children Under the Age of Thirteen

The Site is not intended for children under the age of thirteen. Pursuant to the Children’s Online Privacy Protection Act, we do not knowingly collect, use or disclose Personal Information from or about visitors to our Site under 13 years of age.  If you are under the age of 13, you can use this service only in conjunction with your parent’s or guardian’s permission.  Only visitors who are 18 years of age or older may purchase products from, participate in activities offered on, register or create an account or profile, or otherwise use the services on our Site.

For children located in jurisdictions within the EU, we comply with age limits applicable in each Member State.  In these instances, the references above to the age of 13 will be deemed to be references to the age limits applicable in each Member State.  Where this Policy refers to consent, this will require the consent of a parent or legal guardian in relation to any person under the age limits applicable in each Member State.

I. Choice of Law/Jurisdiction

You agree that any dispute over this Policy will be brought in a court of competent jurisdiction in Marion County, Indiana and that this Policy shall be governed by Indiana law without regard to its internal rules on the conflicts of laws. Jurisdiction for any claims arising under this Policy shall lie exclusively with the state or federal courts in Indianapolis, Indiana.

Without limiting anything set out elsewhere in this Policy, we may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. We assume no obligation to inform you that your information has been disclosed, and, in some cases, may be prohibited by law from providing such notice.

J.  Your California Privacy Rights

California law permits our customers who are California residents to request certain information regarding our disclosure of personally identifiable information to third-parties for their direct marketing purposes.  To make such a request, please send an email to pacersinsider@pacers.com or write to us at 125 South Pennsylvania Street, Indianapolis, Indiana 46204, Attn: SVP/General Counsel.  

K.  European Privacy Rights

  • We adhere to applicable data protection laws in the European Union (“EU”).  In accordance with the General Data Protection Regulation (“GDPR”), users who are located in the EU have the following rights: If the processing of personal data is based on your consent, the right to withdraw consent for future processing of that data.
  • The right to request from Pacers, a “data controller” as defined under the GDPR, access to and rectification of your personal data.
  • Subject to limitations as provided for in the GDPR, the right to request restriction of the processing of your personal data.
  • Subject to limitations as provided for in the GDPR, the right to request erasure of your personal data.

You may contact Pacers using any of the methods described in the “Contact Us” section of this Policy.

L. This Policy May Change

We reserve the right to update or modify this Policy at any time, without prior notice, by posting the revised version of this Policy behind the link marked “Privacy Policy” at the bottom of each page of the Site. We will also update the Effective Date at the top of this Policy when any revisions are made.  Your continued use of this Site after we have posted the revised Policy constitutes your agreement to be bound by the revised Policy. 

M. Contact Us

If you have any questions about this Privacy Statement, or to exercise or learn more about your opt-out options described herein, please contact us at pacersinsider@pacers.com.