Privacy Policy

1. Information We Collect

We collect information in three categories: information collected automatically from all visitors, information you provide voluntarily, and information received from third-party sources.

1.1 Information Collected Automatically (All Visitors)

When you visit the Platform, even without creating an account, we automatically collect the following information through cookies, server logs, and similar technologies:

• Device Information: IP address, browser type and version, operating system, device type (mobile, desktop, tablet), and screen resolution.
• Usage Data: Pages visited, time spent on each page, click patterns, scroll depth, referring URL, exit pages, and date and time of each visit.
• Location Data: Approximate geographic location based on your IP address (city/state level, not precise GPS coordinates).
• Affiliate Tracking Data: If you click an affiliate link to a sportsbook partner, we track the click event, timestamp, and destination for commission attribution purposes.
• Age Verification Status: A cookie recording that you have confirmed you are 21 years of age or older through our age verification gate.

1.2 Information You Provide Voluntarily

We collect information you choose to provide through your interactions with the Platform:

• Email Address: If you subscribe to our newsletter, sign up for email updates, submit your email through a pop-up form, or register for a PALS subscription.
• Name: If you provide your name during account registration or email signup.
• Payment Information: If you subscribe to a PALS tier, your payment information is collected and processed directly by our payment processor, Stripe, Inc. We do NOT store, access, or retain your full payment card information on our servers.
• PALS Conversation Inputs: If you use the PALS interactive feature, we process your text and/or voice inputs during the active conversation session for the purpose of generating AI responses.
• Contact Form Submissions: If you contact us through a support form, email, or other communication channel, we collect the information you provide in that communication.
• Survey and Feedback Responses: If you voluntarily participate in surveys, polls, or feedback requests.

1.3 Information from Third-Party Sources

We may receive limited information from third-party sources in the following circumstances:

• Analytics Providers: Google Analytics provides aggregated demographic and interest data about our visitor population (not individually identifiable).
• Affiliate Partners: Sportsbook partners may confirm whether a referral resulted in a successful account creation for commission tracking purposes.
• Payment Processor: Stripe may provide us with transaction status updates, dispute notifications, and fraud alerts related to your subscription.

2. How We Use Your Information

We use collected information for the following purposes. We only process your personal information when we have a lawful basis to do so, including your consent, performance of a contract, compliance with legal obligations, or our legitimate business interests.

2.1 Platform Operations

• Operating, maintaining, and improving the Platform and its features.
• Delivering content, including AI-generated sports betting analysis videos.
• Processing PALS subscription enrollments, renewals, and cancellations.
• Processing payments through Stripe and managing billing records.
• Providing customer support and responding to inquiries.

2.2 Communications

• Sending transactional emails (subscription confirmations, payment receipts, account notifications) that are necessary for service delivery.
• Sending marketing and promotional emails, only with your affirmative opt-in consent.
• Sending service-related announcements (policy changes, security alerts, maintenance notifications).

2.3 Security and Fraud Prevention

We use fraud prevention technologies and automated systems to detect and prevent unauthorized access, account sharing, commercial exploitation of personal-use subscriptions, automated bot access, and other violations of our Terms of Service.

2.4 Analytics and Improvement

• Analyzing aggregate usage trends to improve content quality and Platform performance.
• Understanding which content resonates with our audience to inform future analysis.
• Monitoring Platform performance, uptime, and error rates.
• Conducting A/B testing to improve user experience.

2.5 Legal Compliance

Complying with applicable laws, regulations, and legal processes, including responsible gambling requirements, age verification obligations, tax reporting, and responding to lawful requests from government authorities.

3. How We Share Your Information

We share your information only in the circumstances described below. We do NOT sell your personal information to data brokers, and we do NOT share your information with unrelated industries.

3.1 Service Providers

We share information with the following categories of service providers who assist in operating the Platform. Each provider is contractually obligated to use your information only for the services they provide to us:

Note: Stripe, Inc. is identified by name as required by their terms of service. All other service providers are described by category to protect our proprietary technology architecture.

3.2 Affiliate Sportsbook Partners

When you click an affiliate link on the Platform and navigate to a sportsbook partner (DraftKings, FanDuel, BetMGM, ESPN BET, or others), the sportsbook may place its own cookies on your device. This data collection is governed by the sportsbook's own privacy policy, not ours. We share only click-referral data (a referral ID and timestamp) with affiliate partners for commission tracking purposes.

3.3 Partner Data Sharing (With Your Consent)

If you opt in to partner data sharing, we may share your email address and name (if provided) with selected sports-related partners for marketing purposes. This sharing occurs ONLY with your affirmative opt-in consent and you may opt out at any time. See Section 6 for full details.

3.4 Legal Requirements

We may disclose your information if required to do so by law or in good faith belief that such disclosure is necessary to: comply with a legal obligation; protect and defend the rights or property of Kiwihawk, LLC; prevent or investigate possible wrongdoing; protect the personal safety of Platform users or the public; or protect against legal liability.

3.5 Business Transfers

If Kiwihawk, LLC is involved in a merger, acquisition, asset sale, bankruptcy, or reorganization, your personal information may be transferred as part of that transaction. We will notify you via email and/or a prominent notice on the Platform of any change in ownership.

3.6 What We Never Share

Regardless of circumstance, we will never share: your full payment card information (we do not possess it); your PALS conversation content or transcripts with any third party (except as required by law); your browsing history or betting analysis viewing preferences with affiliate partners; or any personal information with data brokers, data resellers, or industries unrelated to sports and sports betting.

4. Cookies and Tracking Technologies

The Platform uses cookies and similar tracking technologies to provide functionality, analyze usage, and support our affiliate partnerships.

4.1 Types of Cookies We Use

4.2 How to Control Cookies

Most web browsers allow you to control cookies through their settings. You can typically: block all cookies, block third-party cookies only, clear existing cookies, or receive notifications before a cookie is set. Please note that disabling cookies may affect Platform functionality.

4.3 Google Analytics Opt-Out

You can opt out of Google Analytics tracking by installing the Google Analytics Opt-Out Browser Add-On.

5. Email Marketing and Communications

This section describes how we collect your email address, what we send, and how to opt out. Our email practices comply with the CAN-SPAM Act (15 U.S.C. §7701 et seq.) and applicable state laws.

5.1 How We Collect Your Email

We collect your email address through: email capture forms and pop-ups on the Platform; PALS subscription registration through Stripe; and direct communication when you email us at info@proconbets.com or through a contact form.

5.2 Types of Emails We Send

Transactional Emails: Subscription confirmations, payment receipts, account security alerts, and PALS usage alerts. These do not require separate marketing consent.

Marketing Emails: Daily or weekly betting analysis highlights, promotional offers, content recommendations, and partner promotions (only with separate opt-in).

Exception — Support Inquiries: Providing your email address solely for a support question does NOT constitute consent to receive marketing communications.

5.3 How to Opt Out of Marketing Emails

You may opt out at any time by: clicking the "Unsubscribe" link at the bottom of any marketing email; emailing info@proconbets.com with the subject line "Unsubscribe"; or adjusting your email preferences in your account settings. We will process your opt-out request within ten (10) business days.

5.4 Email Service Provider

Our marketing emails are delivered through a third-party email service provider bound by a data processing agreement that requires compliance with applicable privacy laws.

6. Partner Data Sharing

6.1 What We Share and With Whom

If you affirmatively opt in, we may share your email address and name (if provided) with selected partners in the sports, sports betting, and athletics industries. We do NOT share payment information, PALS conversation data, browsing history, or any information beyond email address and name.

6.2 Your Right to Opt Out

You may opt out at any time by emailing info@proconbets.com with the subject line "Opt Out of Partner Sharing" or adjusting your account settings.

6.3 Partner Obligations

We require all partners to comply with the CAN-SPAM Act and all applicable privacy laws, provide their own unsubscribe mechanism, and refrain from sharing your information with additional third parties.

7. PALS Interactive Feature Privacy

7.1 Conversation Data

During a PALS session, we process your text and/or voice inputs in real time to generate AI responses. Conversation session metadata is logged for billing and abuse prevention purposes.

7.2 Abuse Prevention Monitoring

We employ fraud prevention technologies and automated monitoring systems to detect potential violations of our Terms of Service.

7.3 What PALS Does NOT Collect

The PALS feature does not: access your device camera or microphone outside of an active session; record or store audio/video beyond the active session; access your contacts, files, or other applications; or share your conversation content with any third party (except as required by law).

7.4 AI-Generated Responses Disclaimer

PALS analyst personas are fictional AI-generated characters. They are not real people and do not provide personalized financial, gambling, or investment advice. All PALS responses should be treated as entertainment and educational content only. See Section 4 of our Terms of Service for the complete AI-Generated Content Disclaimer.

8. Data Retention

9. Data Security

We implement commercially reasonable safeguards to protect your personal information, including:

• Encryption: All data transmitted between your browser and our Platform is encrypted using TLS/SSL (HTTPS).
• Access Controls: Access to personal information is restricted to authorized personnel on a need-to-know basis with multi-factor authentication.
• Infrastructure Security: SOC 2 Type II compliant hosting and database providers with industry-standard security measures.
• Bot and Spam Protection: Rate limiting, challenge mechanisms, and traffic analysis.
• Regular Monitoring: Systems monitored for security vulnerabilities and unusual activity.

While we strive to protect your personal information, no method of transmission over the Internet is 100% secure. If you have reason to believe that your interaction with us is no longer secure, please contact us immediately at info@proconbets.com.

10. Children and Underage Users

The Platform is intended exclusively for individuals who are twenty-one (21) years of age or older. We do NOT knowingly collect, solicit, or maintain personal information from anyone under the age of twenty-one (21).

Our age verification gate requires all visitors to confirm they are 21 or older before accessing Platform content. If we learn that we have collected personal information from a person under the age of 21, we will delete that information as quickly as practicable.

If you are a parent or guardian and believe your child has provided us with personal information, please contact us at info@proconbets.com.

11. Your Privacy Rights

11.1 Rights Available to All Users

• Right to Access: Request a copy of the personal information we hold about you.
• Right to Correction: Request correction of inaccurate or incomplete personal information.
• Right to Deletion: Request deletion, subject to legal retention requirements.
• Right to Opt Out of Marketing: Opt out of marketing emails and partner data sharing at any time.
• Right to Data Portability: Request a copy of your personal data in CSV or JSON format.

11.2 How to Exercise Your Rights

Contact us at info@proconbets.com with the subject line "Privacy Rights Request." We will respond within thirty (30) days.

11.3 Verification

To protect your privacy, we may need to verify your identity before processing your request.

12. California Privacy Rights (CCPA/CPRA)

12.1 Categories of Personal Information Collected

• Identifiers: Email address, name, IP address, device identifiers, cookie identifiers.
• Internet or Network Activity: Browsing history on our Platform, pages visited, click patterns.
• Geolocation Data: Approximate location based on IP address.
• Commercial Information: Subscription records, payment transaction history.
• Inferences: Aggregate content preferences derived from usage patterns.

12.2 Your CCPA Rights

• Right to Know: Request disclosure of collected categories and specific pieces of personal information.
• Right to Delete: Request deletion, subject to certain exceptions.
• Right to Correct: Request correction of inaccurate personal information.
• Right to Opt Out of Sale/Sharing: Opt out of the "sale" or "sharing" of your personal information.
• Right to Non-Discrimination: We will not discriminate against you for exercising your CCPA rights.

12.3 Do Not Sell or Share My Personal Information

Our partner data sharing program may constitute a "sale" under the CCPA. To opt out: click the "Do Not Sell or Share My Personal Information" link in the footer of our website; email info@proconbets.com with the subject line "Do Not Sell My Information"; or submit a request through the methods described in Section 11.2.

12.4 Authorized Agents

California residents may designate an authorized agent to submit a privacy rights request on their behalf with written authorization.

12.5 How to Submit a CCPA Request

Email info@proconbets.com with the subject line "California Privacy Rights Request." We will respond within forty-five (45) days.

13. European Economic Area Rights (GDPR)

13.1 Legal Bases for Processing

• Consent: Where you have given clear consent for a specific purpose.
• Contract Performance: Where processing is necessary for a contract (e.g., PALS subscription).
• Legitimate Interests: Where processing is necessary for our legitimate interests.
• Legal Obligation: Where processing is necessary to comply with a legal obligation.

13.2 Your GDPR Rights

• Right of Access, Right to Rectification, Right to Erasure ("Right to Be Forgotten")
• Right to Restrict Processing, Right to Data Portability, Right to Object
• Right to Withdraw Consent, Right to Lodge a Complaint with your local supervisory authority

13.3 Data Controller

Kiwihawk, LLC, located at 15210 S 50th St, Ste 130, Phoenix, AZ 85044. Contact us at info@proconbets.com with the subject line "GDPR Request."

13.4 International Data Transfers

Your personal data will be transferred to and processed in the United States. By using the Platform, you consent to this transfer.

14. Arizona Data Breach Notification

In compliance with Arizona Revised Statutes §18-552, if we become aware of a security breach involving your unencrypted personal information, we will notify affected individuals within forty-five (45) days of the discovery.

14.1 What Constitutes a Breach

Under Arizona law, a "security breach" means an unauthorized acquisition of and access to unencrypted or unredacted computerized data that materially compromises the security or confidentiality of personal information maintained by us.

14.2 Notification Procedures

If a qualifying breach occurs, we will: notify affected individuals via email within forty-five (45) days; provide a description of the breach and steps individuals can take to protect themselves; notify the Arizona Attorney General if the breach affects more than one thousand (1,000) Arizona residents.

14.3 Incident Response

We maintain an incident response plan that includes immediate containment, engagement of cybersecurity professionals, documentation, and timely notification in accordance with applicable law.

15. Affiliate Disclosure and Tracking

15.1 How Affiliate Tracking Works

When you click an affiliate link on the Platform, a tracking cookie is placed on your device by the sportsbook partner. We receive a commission when you create a new account and/or make qualifying deposits or bets.

15.2 What Affiliate Partners Receive from Us

We share only a referral identifier and click timestamp. We do NOT share your name, email address, or any other personal information with affiliate partners through the affiliate tracking process.

15.3 Affiliate Relationships Do Not Influence Analysis

Our affiliate relationships do NOT influence our PRO or CON analysis. Both sides of every betting decision are presented equally.

16. Third-Party Links and Services

The Platform may contain links to third-party websites. This Privacy Policy applies only to ProConBets.com. We are not responsible for the privacy practices of third-party websites. We encourage you to read the privacy policies of any third-party website you visit through links on our Platform.

17. Do Not Track Signals

At this time, the Platform does not respond to DNT signals. You can control tracking through the cookie management options described in Section 4 and the Google Analytics opt-out described in Section 4.3.

18. International Data Transfers

The Platform is operated from the United States. If you access the Platform from outside the United States, your information may be transferred to, stored, and processed in the United States. By using the Platform, you consent to the transfer of your information.

19. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. When we make material changes, we will: update the "Last Updated" date at the top; post the updated Privacy Policy on the Platform; and for material changes, send a notification to your email address at least thirty (30) days before the changes take effect. Your continued use of the Platform after the effective date constitutes your acceptance of the updated terms.

20. Contact Information

If you have questions, concerns, or requests regarding this Privacy Policy:

For specific request types, please use the following subject lines: