INDIANAPOLIS MOTOR SPEEDWAY, LLC PRIVACY POLICY – EFFECTIVE & LAST
MODIFIED JUNE 25, 2020
Privacy Notice for California Residents supplements can be found here.
Introduction
Welcome to the Indianapolis Motor Speedway, LLC Privacy Policy.
Indianapolis Motor Speedway, LLC, together with its parents, subsidiaries,
affiliates, agents, vendors, and licensees (collectively, “IMS,” “us,”
“we,” or “our”) respects your privacy, and takes the responsibility of
protecting the personal information that you provide to us via our website
(
www.indianapolismotorspeedway.com
, or any other website on which we place this Privacy Policy, referred to
herein as the “Website”), our Applications, and through the use of any of
our Services very seriously. This Privacy Policy describes how we collect,
use, and disclose information we receive from users of the Website, our
Applications, and our Services including users in the European Economic
Area (“EEA”) (collectively, “you” or “users”). For the purposes of
compliance with the EU General Data Protection Regulation (“GDPR”), we are
the “controller” of “personal data” (defined below) that we receive from
you via the Website, our Applications, or any of our Services.
We have adopted this Privacy Policy to explain what information may be
collected when you access the Website, use any of our mobile or other
applications (the “Applications”), or access or use any of our social media
pages; how we and others use this information; under what circumstances we
may disclose the information to third parties; and the instances in which
we may allow third parties to collect information directly. Depending on
your activities when using or accessing our Website, Applications, or
social media pages (collectively, the “Services”), you may from
time-to-time be required to agree to additional terms and conditions.
Without limiting the foregoing, our Services include any promotion,
contest, or sweepstakes which refers to this Privacy Policy with respect to
the collection and use of your information.
This Privacy Policy applies regardless of whether you use our Services via
a computer, mobile device, or any other platform or equipment
(collectively, your “Equipment”). This Privacy Policy also applies only to
information we collect through our Services, including, without limitation,
our Website, Applications, and social media pages, and does not apply to
our collection of information from other sources.
Modifications to this Privacy Policy
We generally keep this Privacy Policy posted on our Website and accessible
in our Applications. You should review this Privacy Policy frequently, as
it may change from time to time without notice. Any changes will be
effective immediately upon the posting of the revised Privacy Policy. WHEN
YOU USE OUR SERVICES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE
TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE,
IMMEDIATELY STOP USING OUR SERVICES. Please note, however, that if we
decide to use your personal data in a manner materially different than what
is provided in this Privacy Policy or what we advised at the time it was
collected, we will notify you of this change by email to the last email
address provided to us or through our Applications. You will have a choice
(by means of an “opt-out” opportunity) as to whether or not we use your
information in this different manner. If you opt out, we will use your
personal data in accordance with the terms in place when the information
was collected.
A. INFORMATION WE COLLECT
We typically collect four kinds of information about you when you use our
Services:
(1) Personal Data:
Our definition of personal data includes any information that may be used
to specifically identify or contact you, such as your name, address, or
phone number. Personal data also includes information that may be used to
identify you indirectly, including by reference to an online identifier,
location data, or an identification number. As a general policy, we do not
automatically collect your personal data when you visit our Website. In
certain circumstances, we may request, allow, or otherwise provide you an
opportunity to submit your personal data in connection with a feature,
program, promotion, or some other aspect of our Services. For instance, you
may: (a) provide your name, mail/shipping address, email address, credit
card number, and phone number when registering with our Services, including
the use of our online store, or in connection with a contest entry; (b)
provide certain demographic information about yourself (e.g., age, gender,
purchase preference, usage frequency) when using our Services,
participating in a survey or poll, or joining a club; or (c) post a general
comment and/or recommendation on our Services. Certain information may not
be personal data when standing alone (e.g., your age), but may become so
when combined with other information (e.g., your age and name). Whether or
not you provide this information is your choice; in many instances,
however, this type of information is required to participate in the
particular activity, realize a benefit we may offer, or gain access to
certain content or features available through our Services.
(2) Usage Data:
Our definition of usage data is any information that does not personally
identify you -(also referred to herein as “non-personal data”) that is
automatically collected anytime you visit an IMS webpage, including
information such as browser type and referring websites. Usage data can
include certain personal data that has been de-identified; that is,
information that has been rendered anonymous. We obtain usage information
about you from information that you provide us, either separately or
together with your personal data. We also automatically collect certain
usage data from you when you access our Services with your Equipment. This
information can include, among other things, your mobile device, other
applications or software that you are using, your wireless carrier, your IP
addresses, the type of browser you are using (e.g., Internet Explorer,
Firefox, Safari, Opera), the websites you were on previously, the third
party website from which your visit originated, the operating system you
are using (e.g., Vista, Windows XP, Mac OS, Android, iPhone) on your
Equipment, the domain name of your Internet service provider (e.g.,
CenturyLink, Google, Cox, AOL), the search terms you use on our Services,
the specific web pages you visit, how much you use our Services, and the
duration of your visits.
(3) Location Data:
When you use our Services, particularly our Application(s), we may
automatically collect certain Equipment (mobile device) specific
information. This includes the general or specific location of your
Equipment through GPS, Bluetooth, or WiFi signals. Before we collect or
send location-specific information, it is our practice to ask for your
consent. In some instances, your operating system may not allow you to
install an Application without giving us consent. In all instances, you may
withdraw your consent by disabling location features for your Equipment –
the Application will still work, although certain location features may not
function.
(4) Financial Data:
Our definition of financial data is any information needed to facilitate
the purchase of items or services on the Website, including credit card
information. Financial data may constitute personal data, depending on the
circumstances of its collection and use.
Users may be referred to as Data Subjects in the
Privacy Policy. A “Data Subject” means an identified or identifiable
natural person as set forth in the GDPR.
B. HOW WE USE & DISCLOSE THE INFORMATION COLLECTED
(1) Personal Data:
The personal data you voluntarily submit to us is generally used to carry
out your requests, respond to your inquiries, better serve you, or in other
ways naturally associated with the circumstances in which you provided the
information. We may also use this information to later contact you for a
variety of reasons, such as customer service, providing you promotional
information for our products or those of our parent company, subsidiaries,
or other affiliated companies (“affiliated companies), or to communicate
with you about content or other information you have posted or shared with
us via use of our Services.
You may opt-out from receiving future promotional information from us or
our affiliated companies, or direct that we not share your information with
any affiliated companies, as set forth below.
In certain instances, we may also share your personal data with third
parties performing functions on our behalf (or on behalf of our affiliated
companies) or accessing the Services (e.g., vendors that process credit
card orders, deliver our merchandise, administer our promotions, provide us
marketing or promotional assistance, analyze our data, assist us with
customer service). These third parties agree to use this information, and
we share information with them, only to carry out our requests or provide
Services.
In addition, we may share your personal data with participating sponsors to
a program or promotion (e.g., a sweepstakes or contest) you enter via our
Services, and with third parties who assist us in using the content or
other information you have posted or shared with us via our Services (e.g.,
production companies we may use). Further, we may share your personal data
with third parties such as our co-promotional partners and others with whom
we have marketing or other relationships. Except as provided in this
Privacy Policy, our Terms of Use, or as set forth when you submit the
information, your personal data will not be shared or sold to any third
parties without your prior approval.
(2) Usage Data:
We use usage information in a variety of ways. For example, we may use
usage information to evaluate use of our Services (e.g., visits to our
Website, use of our Applications), analyze site traffic, track purchases,
gauge coupon redemption rates, understand customer needs and trends, carry
out targeted promotional activities, and to improve our Services. We may
use your usage information by itself or aggregate it with information we
have obtained from others. We may, among other things, share your usage
information with our affiliated companies, allow third parties to collect
such information directly from you, and/or sell the usage information to
third parties to achieve these and any other business objectives (e.g.,
generate revenue, form alliances). It is, however, important to remember
that your usage information is anonymous information that does not
personally identify you, directly or indirectly.
(3) General Uses and Disclosures:
We use and share the information, including personal data, we collect from
users for the purposes described below. To perform the following tasks, we
may transfer your data to countries outside the United States and EEA using
appropriate safeguards when necessary. When necessary, we will obtain your
consent before using your data for these purposes:
-
Provision of Services to Website Users
. If you use the Website, we will use your information to process and
respond to your requests, comments, inquiries, and other forms you
submit through the Website.
-
Processing Online Purchases
. We use your Financial Data to process any purchases made on the
Website, including disclosure of your Financial Data to third party
payment processors.
-
Improving our Services
. We use your information to enhance our understanding of our users’
preferences and optimize the performance of the Website.
-
Disclosures to Service Providers
. We share your information with third party service providers that
assist us with hosting and maintaining the Website, processing credit
card information, analyzing online activity on the Website, marketing
our services, and managing our daily business operations and delivery
of the Website. We share only the minimum amount of personal data with
these service providers that they need to perform their tasks. We also
enter into contracts with these service providers that require them to
protect personal data.
-
Compliance with Legal Obligations
. We will share your information with law enforcement, government
officials, regulatory agencies, or other parties when we are required
to do so by applicable law. We will also disclose your information to
comply with a judicial proceeding, court order, subpoena, or legal
process.
-
Protection of Individual’s Vital Interests
. In emergency situations, we will use or share your information when
doing so is necessary to protect an interest that is essential for an
individual’s life.
-
Other Legitimate Interests
. We will use and disclose your information when necessary for our
legitimate interests, as long as such interests are not overridden by
our users’ interests, rights, and freedoms with respect to their
personal data.
(4)
Legal Bases for Processing:
The legal bases for processing your personal data for the purposes
described above or elsewhere in this Privacy Policy, including in Section C
below, are, without limitation, that (1) it is necessary to perform a
contract with you (sale of goods or services) or in order to take steps at
your request prior to entering into a contract; (2) it is necessary to
comply with a legal obligation (such as notifying you of Privacy Policy
changes); and/or (3) it is necessary for the pursuit of our legitimate
interests or those of a third party.
C. COOKIES AND PREFERENCE BASED ADVERTISING
(1) Cookies and Web Beacons:
We automatically receive and store certain types of usage data whenever you
interact with us. For example, like many websites, we use "cookies" and
"web beacons" (also called “clear gifs” or “pixel tags”) and embedded
scripts to obtain certain types of information when you use or access our
Services. Cookies are small files that we transfer to your computer's hard
drive or your web browser memory to enable our systems to recognize your
browser and to provide convenience and other features to you. Cookies and
other user tracking mechanisms (e.g., local shared objects), by themselves,
do not tell us your email address or other personal data unless you choose
to provide this information to us by, for example, registering at the
Website. However, once you choose to furnish us with personal data, this
information may be linked to the data stored in the cookie or other
tracking mechanisms. We may use cookies and other user tracking mechanisms,
including “persistent cookies”, which will remain on your computer even
after you close your browser, to understand website usage and to improve
the content and offerings on the Website. For example, we may use cookies
to personalize your experience at the Website and to save your password in
password-protected areas. We also may use cookies to offer you products,
programs, or services. While most browsers are set to accept cookies and
other tracking devices by default, you can set yours to refuse tracking
devices or to alert you before accepting them. However, by disabling
tracking devices, you may not have access to the entire set of features of
the Website. Your browser manufacturer has information on changing the
default setting for your specific browser.
Web beacons are tiny graphics with a unique identifier, similar in function
to cookies, and may be used to track the online movements of users, when an
email has been opened, and to provide other information. Web beacons can
recognize certain types of information on your computer such as cookies,
the time and date a page is viewed, and a description of the page where the
web beacon is placed. We may use web beacons to improve your experience
with the Website, including to provide you with content customized to your
interests and to understand whether users read email messages and click on
links contained within those messages so that the Website can deliver
relevant content. Our web beacons may collect some contact information (for
example, the email address associated with an email message that contains a
web beacon).
Other examples of the information we collect and analyze in this manner
include: the Internet Protocol (IP) address used to connect your Equipment
to the Internet; computer and connection information such as browser type
and version, operating system, and platform; your activities on our
Website, including the products you view or searched for, as well as the
URL you come from and go to next (whether this URL is on our Website or
not); and cookie number.
It is important to note that the cookies and Web beacons that we use do
not contain and are not tied to personal data or personally
identifiable information about you.
If you are concerned about the storage and use of cookies, you may block or
limit the storage of cookies via browser controls or other software (we do
not make any promise that our Services will recognize or be able to work
with any such browser controls/software – see below for Do Not Track
options). You may also be able to delete cookies manually from your
Equipment through your internet browser, operating system, or other
programs. Please note, however, that some portions of our Services will not
function properly or be available if you are able and do block and/or
delete cookies.
(2) Preference Based Advertising:
We may work with third parties, including advertising companies and website
analysis firms, who use cookies and web beacons to collect usage data when
you use our Services, including without limitation our Website and third
party sites. This usage data, collected through cookies and web beacons, is
typically used by these third party advertising companies (i.e.,
advertising networks) to serve you with advertisements while on third party
sites tailored to meet your preferences and needs. If you do not wish to
participate in this activity, go to www.aboutads.info
and follow the simple opt-out process.
A couple of important notes about this opt-out tool: (1) it includes all
the advertising networks that we may work with, but also many that we do
not work with; and (2) it may rely on cookies to ensure that a given
advertising network does not collect information about you (“Opt-out
Cookies”) – an explanation of how Opt-out Cookies work can be found on www.aboutads.info.
Therefore, if you use different Equipment, change web browsers, or delete
these Opt-out Cookies from your computer, you will need to perform the
opt-out task again.
(3) Do Not Track Features:
Certain browsers may offer you the option of providing notice to websites
that you do not wish for your online activities to be tracked for
preference-based advertising purposes (“DNT Notice”). Some browsers are, by
default, set to provide a DNT Notice, whether or not that reflects your
preference. Providing DNT Notice is often touted as a means to ensure that
cookies, web beacons, and similar technology are not used for
preference-based advertising purposes – that is, to restrict the collection
of non-personally identifiable information about your online activities for
advertising purposes. Unfortunately, given how preference-based advertising
works, DNT Notices may not effectively accomplish this goal. For this and a
variety of other reasons, with respect to our Website, we do not take any
action based on browser based DNT Notices. Rather, if you do not wish to
participate in preference-based advertising activities, you should follow
the simple opt-out process identified below.
D. OTHER USES & INFORMATION
(1) IP Addresses:
An IP address is a number that is automatically assigned to your Equipment
whenever you access the Internet. Web servers (computers that serve up web
pages) automatically identify your Equipment by its IP address. When
visitors request pages from our Website, our servers typically log their IP
addresses. We collect IP addresses for purposes of system administration,
to report non-personal aggregate information to others, and to track the
use of our Services. IP addresses are considered non-personally
identifiable information and may also be shared as provided above. It is
not our practice to link IP addresses to anything personally identifiable;
that is, the visitors’ session will be logged, but the visitor remains
anonymous to us. We reserve the right, however, to use IP addresses to
identify a visitor: (a) at the request of the visitor; (b) when we feel it
is necessary to enforce compliance with our Service rules; (c) to fulfill a
government request; (d) to conform with the requirements of the law or
legal process; (e) to protect or defend our legal rights or property, our
Services, or other users; or (f) in an emergency to protect the health and
safety of our customers, fans, or the general public.
(2)
Social Networks:
We may offer you the ability to create or login to your account with us
through accounts you may have with various social network platforms, such
as Facebook or Twitter (each a “Social Network Account”). To do so, you may
be required to provide, or allow our Services to access, your Social
Network Account login information. By granting us access to your Social
Network Account, you understand and agree that we may access, make
available, and store any content that you have provided to and stored in
your Social Network Account (e.g., friends, mutual friends, contacts). We
may make this information available on or through our Services and to our
users. You may be able to restrict what information is shared and how it is
used through privacy and other settings. Also, depending on the privacy
settings you have set in your Social Network Account, personal data may be
shared with us and made available through our Services and to our users.
(3) Email Communications:
If you send us an email with questions or comments, we may use your
personal data to respond to your questions or comments, and we may save
your questions or comments for future reference. For security reasons, we
do not recommend that you send non-public personal information, such as
passwords, social security numbers, or bank account information, to us by
email. We may send you emails for a variety of reasons –such as emails in
response to your request for a particular service or your registration for
a feature that involves email communications, that relate to purchases you
have made with us (e.g., product updates, customer support), about our
other products, services, or events, or when you consent to being contacted
by email for a particular purpose. In certain instances, we may provide you
with the option to set your preferences for receiving email communications
from us – that is, agree to some communications but not others. You may
“opt-out” of receiving future commercial emails from us by clicking the
“unsubscribe,” “opt-out,” or similar link included at the bottom of most
emails we send, or as provided below; we reserve the right, however, to
send you transactional emails such as customer service communications.
(4) Transfer of Assets:
As we continue to develop our business, we may sell or purchase assets. If
another entity acquires us or all (or substantially all) of our assets, the
personal data and non-personal data we have about you will be transferred
to and used by this acquiring entity, though we will take reasonable steps
to ensure that your preferences are followed. Also, if any bankruptcy or
reorganization proceeding is brought by or against us, all such information
may be considered an asset of ours and as such may be sold or transferred
to third parties.
(5) Other:
Regardless of any other provision in this Privacy Policy, we reserve the
right to disclose any personal data or non-personal data about you if we
are required to do so by law, with respect to copyright and other
intellectual property infringement claims, or if we believe that such
action is necessary to: (a) fulfill a government request; (b) conform with
the requirements of the law or legal process; (c) protect or defend our
legal rights or property of our Services, or other users; or (d) in an
emergency to protect the health and safety of our customers or the general
public.
(6) Your California Privacy Rights:
Under certain provisions of the California Civil Code § 1798.83, residents
of the State of California have the right to request from companies
conducting business in California a list of all third parties to which the
company has disclosed certain personally identifiable information as
defined under California law during the preceding year for third party
direct marketing purposes. You are limited to one request per calendar
year. In your request, please attest to the fact that you are a California
resident and provide a current California address for our response. You may
request the information in writing as provided in Section I below.
E. PUBLIC FORUMS
We may offer chat rooms, blogs, message boards, or similar public forums
where you and other users of our Services can share information and
communicate – e.g., places where you can post your resume and/or profile.
The protections described in this Privacy Policy do not apply when you
provide information (including personal information) in connection with
your use of these public forums. We may use personally identifiable and
non-personal information about you to identify you with a posting in a
public forum. Any information you share in a public forum is public
information and may be seen or collected by anyone, including third parties
that do not adhere to our Privacy Policy. We are not responsible for events
arising from the distribution of any information you choose to publicly
post or share through our Services.
F. CHILDREN
The features, programs, promotions, and other aspects of our Services
requiring the submission of personally identifiable information are not
intended for children. We do not market and do not knowingly collect
personally identifiable information from children under the age of 13.
Certain benefits of our Services may be restricted to adults, age 18 or
older. If you are a parent or guardian of a child under the age of 13 and
believe he or she has disclosed personally identifiable information to us
please contact us as provided in Section I below. A parent or guardian of a
child under the age of 13 may review and request deletion of such child's
personally identifiable information as well as prohibit the use thereof. If
we discover that we have inadvertently collected information from a child
under 13 years of age, we will promptly take all reasonable measures to
delete such information from our systems.
G. KEEPING YOUR INFORMATION SECURE
We have implemented security measures we consider reasonable and
appropriate to protect against the loss, misuse, and alteration of the
information under our control. Please be advised, however, that while we
strive to protect your personal data and privacy, we cannot guarantee or
warrant the security of any information you disclose or transmit to us
online or through our Services, and are not responsible for the theft,
destruction, or inadvertent disclosure of your personal data. In the
unfortunate event that your "personal data (as the term or similar terms
are defined by any applicable law requiring notice upon a security breach)
is compromised, we may notify you by email (at our sole and absolute
discretion) to the last email address you have provided us in the most
expedient time reasonable under the circumstances; provided, however,
delays in notification may occur while we take necessary measures to
determine the scope of the breach and restore reasonable integrity to the
system as well as for the legitimate needs of law enforcement if
notification would impede a criminal investigation. From time to time we
evaluate new technology for protecting information, and when appropriate,
we upgrade our information security systems.
H. OTHER SITES/THIRD-PARTY LINKS
Our Services may link to or contain links to third party websites that we
do not control or maintain, such as in connection with purchasing products
we may recommend or reference via our Services and/or advertisements you
may see while using our Services. We are not responsible for the privacy
practices employed by any third party website. We encourage you to note
when you leave our Website and to read the privacy statements of all third
party websites before submitting any personally identifiable information.
I. CONTACT & OPT-OUT INFORMATION
You may contact us as provided below if: (a) you have questions or comments
about our Privacy Policy; (b) wish to make corrections to any personally
identifiable information you have provided; (c) want to opt-out from
receiving future commercial correspondence, including emails, from us or
our affiliated companies; or (d) wish to withdraw your consent to sharing
your personally identifiable information with others.
Email:
IMSPrivacy@brickyard.com
Phone: (
317) 492-8500
Mail:
ATTN: Privacy Representative
Indianapolis Motor Speedway, LLC
4790 West 16th Street
Indianapolis, IN 46222
We will respond to your request and, if applicable and appropriate, make
the requested change in our active databases as soon as reasonably
practicable. Please note that we may not be able to fulfill certain
requests while allowing you access to certain benefits and features of our
Services.
J. SOLE STATEMENT
This Privacy Policy as posted on this Website is the sole statement of our
privacy policy with respect to our Services, and no summary, modification,
restatement or other version thereof, or other privacy statement or policy,
in any form, is valid unless we post a new or revised policy to the
Website.
K. YOUR RIGHTS
Data Subjects from the EEA have the following rights under the GDPR:
-
To access the Personal Data we maintain about you;
-
To be provided with information about how we process your Personal
Data;
-
To correct your Personal Data;
-
To have your Personal Data erased;
-
To object to or restrict how we process your Personal Data; and
-
To request your Personal Data to be transferred to a third party.
To exercise the above rights, please contact us at the information provided
above. We will consider and process your request within a reasonable period
of time. Please be aware that under certain circumstances, the GDPR may
limit your exercise of these rights.
L. RETENTION OF PERSONAL DATA
For Data Subjects from the EEA, we will retain your Personal Data only as
long as necessary to process your request or other submission, fulfill the
terms of our service contract with you, and comply with applicable law.
M. HOW TO WITHDRAW CONSENT
At any time, Data Subjects from the EEA may withdraw consent you have
provided to us for using, disclosing, or otherwise processing your Personal
Data. You may withdraw your consent by emailing us at (
IMSPrivacy@brickyard.com
) and following the instructions in our communication to you.
Please note that your withdrawal of consent to process certain Personal
Data about you (1) may limit our ability to deliver services to you and (2)
does not affect the lawfulness of our processing activities based on your
consent before its withdrawal.
N. HOW TO FILE A COMPLAINT
You may file a complaint regarding the Privacy Policy or our privacy
practices by contacting us at the information we provide below.
Additionally, Data Subjects from the EEA may file a complaint with EU data
protection authorities (DPAs). A list of DPAs from the European Commission
may be found here:
http://ec.europa.eu/newsroom/article29/document.cfm?action=display&doc_id=50061.
You may also contact us using the contact information provided above to be
directed to the appropriate DPA contact(s).