Privacy Policy

Last Updated: April 25, 2019.

Your privacy is important to us. This Privacy Policy applies to this website (http://www.breederscup.com/) and all services provided through this website, including, without limitation, all mobile, tablet and other smart devices applications and application program interfaces and associated services (collectively, the “Service”). Breeders’ Cup Limited, the operator of this website (“we”, “us”, “our” or “the Breeders’ Cup”), provides this Privacy Policy to disclose how we collect and use information that you provide as well as your rights to access, update and delete your data. We refer to our employees, directors, offices, contractors, equity owners, parents, subsidiaries and agents as our “affiliates” in this Privacy Policy.

Please read this Privacy Policy carefully and contact us with any questions at any time. By using the Service, you consent to all of the terms and conditions of this Privacy Policy and our collection, storage, use and disclosure of your information as described in this Privacy Policy.


INFORMATION WE MAY COLLECT

1. INFORMATION YOU CHOOSE TO PROVIDE

The Breeders’ Cup collects and stores any information that you enter on our websites or give us in any other way. Examples include:

-Your name, mailing address and email address
-Your phone number or fax number
-Unique identifiers such as a user ID or password
-Demographic information such as your date of birth or age


2. INFORMATION FROM SOCIAL NETWORKING SITES

If you access any aspect of the Service through a third party social networking site such as Facebook©, you allow us to access and import information from your profile for that SNS which may affect the privacy settings you establish on the social networking site. You can find out more about these settings at the social networking site. By using the Service through a social networking site, you are authorizing us to collect, store and use any information that the social networking site provides to us through the social networking site’s interface with the Breeders’ Cup. You agree to this when you “accept or “allow” one of our applications on the social networking site.


3. INFORMATION FROM MOBILE DEVICES INCLUDING LOCATION INFORMATION

If you use the Service on a mobile device or through a mobile application or sign up for SMS notifications or push notifications (where available), we may receive your mobile device identifier and/or IP address, the name you have associated with your device, device type, telephone number, country and geolocation. We use various technologies to determine IP address, GPS, and other sensors that may, for example, provide us with information on nearby devices, Wi-Fi access points and cell towers. Most mobile devices allow you to adjust location-based services and other information provided by your device.


4. COOKIES AND SIMILAR TECHNOLOGIES

The Breeders’ Cup, its affiliates, service providers and/or advertisers may use various automatic data collection technologies to collect certain information about your use of our Service, including, without limitation, “cookies” (text files placed by a Website’s server on a visitor computer hard drive) and other similar technologies, such as “flash cookies” (local stored objects not managed by the same browser settings as browser cookies), “web beacons” (small electronic files also referred to as clear gifs, pixel tags, and single-pixel gifs that permit us to count users who have visited a page or opened an e-mail), and other identifiers. These technologies collect and store information when you interact with the Service and personalize the Service for you based on your preferences and selections. These technologies are also used to track visitor traffic patterns and other information for marketing and business purposes. You can set your web browser to disable or delete cookie or other data, but by doing so, you may be preventing yourself from taking advantage of the convenience this technology offers. For more information on deleting or disabling cookies and other automatic data collection technologies, please visit the Your Rights Section of this Privacy Policy.

 

5. THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

 

Some content or applications, including advertisements, on the Service are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Service. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, visit the Your Rights Section of this Privacy Policy.

 

6. PAYMENT TRANSACTION INFORMATION

 

We collect information related to your payment transactions through the Service, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, IBAN information, your address and other related transaction details. This information is necessary for the adequate performance of the contract between you and the Breeders’ Cup.

 

7. AGGREGATE INFORMATION

We may also use cookies and similar automatic data collection technologies discussed above to collect information that is not personally identifiable, such as information about your online activities across third-party websites or other online services, advertising, demographic and other analytic data.
For more information about how to access, manage or delete information that is associated with you, visit the Your Rights Section of this Privacy Policy.

 


HOW WE USE INFORMATION WE COLLECT

We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the Service, to create and maintain a trusted and safer environment and to comply with our legal obligations as discussed in more detail below. We, our affiliates and third party service providers may use, store, and process information collected as follows:

 

1. Provide, Improve, and Develop Our Service

 

-To enhance or personalize your visitor experience.
-To provide information or services you have requested.
-To process and maintain your e-membership application or other registrations or accounts.
-To fulfill orders where you purchase products or services.
-To administer programs, promotions, contests or sweepstakes in which you participate.
-To study the use and popularity of our Service.
-To provide advertisers with aggregate information about our visitors.
-To improve our features, develop future offerings, conduct market research, and other purposes related to our business.
-To fulfill any other purpose for which you provide it.
-To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including billing and collection.
-To notify you about any changes to our Service or any products or services we offer or provide through it.
-To allow you to participate in interactive features on our Service.
-In any other way we may describe when you provide the information.
-For any other purpose with your consent.

We process this information given our legitimate interest in protecting our Service, to measure the adequate performance of our contract with you, and to comply with applicable laws.

 

2. Create and maintain a trusted and safer environment:

-To detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
<-To conduct security investigations and risk assessments.
-To verify or authenticate information or identifications provided by you. 
-To comply with our legal obligations.
-To resolve any disputes with any of our customers and enforce our agreements with third parties.
-To enforce our Terms of Service and other policies.

We process this information given our legitimate interest in protecting our Service, to measure the adequate performance of our contract with you, and to comply with applicable laws.

 

3. Provide, personalize, measure and improve our advertising and marketing:

-To send you email or SMS notifications of new features and other Breeders’ Cup news, but only in instances where you have elected to receive such information. You may opt out of such communications at any time by contacting privacy@breederscup.com. This information will not be used for any other purpose, except as required by law or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Service. 

-To personalize, measure, and improve our advertising. 

-To administer referral programs, rewards, surveys, contests, or other promotional activities or events sponsored or managed by the Breeders’ Cup or its third party partners.

-To provide advertisers with aggregate information about our visitors and customers.
-To contact you about goods and services that may be of interest to you.

We process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. 

For more information about how you may review, change, or delete your information, or withdraw consent to have your information used in the manners described above, please visit the Your Rights Section of this Privacy Policy. To withdraw consent to receive email communications from us, please click on the unsubscribe link in any message you receive from us or simply contact us at privacy@breederscup.com.

 

HOW WE SHARE INFORMATION WE COLLECT

As described below, we may share your information with others for various purposes:

1. AGENTS

We employ other businesses and individuals to perform functions on our behalf. Examples may include fulfilling orders, site analysis, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. They may have access to personally identifiable information needed to perform their functions.

2. AGGREGATE INFORMATION

We may share aggregate information, such as demographics and site usage statistics, with advertisers, sponsors or other organizations. When this type of information is shared, the other parties do not have access to your personally identifiable information; however, we may maintain or associate this information with personal information about you that we collect from other sources or you provide to us. For more information, visit the Your Rights Section of this Privacy Policy

3. THIRD PARTY OFFERS

We never sell your information, but we may occasionally send communications from valued Breeders’ Cup partners. These offers will be sent only when we believe that a communication will be beneficial to Breeders’ Cup enthusiasts. If you do not want us to use your information in this way, you can find information on how to update your consent preferences in the Your Rights Section of this Privacy Policy. Please be aware that if you elect to provide your personally identifiable information in response to third party marketing offers or otherwise, all information you disclose will be subject to the privacy policy and practices of such third parties, and you should review these policies before providing your information.

4. AFFILIATES

We may share your information (including without limitation personally identifiable information) with our affiliates.

5. Transfers

In the event that our assets are sold or transferred to another party, or another transaction occurs in which your personally identifiable information is one of the business assets transferred, all personally identifiable information that has been collected and saved may be one of the business assets we transfer. We will post a notice on the Service in the event of such a transfer.

6. Legal process and compliance with laws and policies

We or others may disclose your personal information and any other information collected by the Service to law enforcement agencies and other third parties without notice to you in order to comply with applicable law, to investigate suspected fraud, harassment or other violations of applicable law or of our Service policies, to protect our or third parties’ rights, or to protect the rights of other visitors.

7. THIRD-PARTY AD SERVING AND AUDIENCE AND TRAFFIC MEASUREMENT SERVICES

We may use a third-party network advertiser to serve the advertisements on the Service or may use a traffic measurement service to analyze the traffic on the Service. Network advertisers are third parties that display advertisements based on your visits to this Service and other websites you have visited. Third-party ad serving enables us to target advertisements to you for products or websites in which you might have an interest. Audience and traffic measurement services allow us to collect anonymous traffic and behavior information by monitoring anonymous visitor activity. Such advertisers, sponsors and/or traffic measurement services may themselves set and access their cookies on your computer if you choose to have cookies enabled. Other companies’ uses of their cookies are subject to their own privacy policies, not this one. If you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

8. WHEN YOU CONSENT

Other than as described above, your personal information will not be used or processed without your express consent.

 

Your Rights

You may exercise any of the rights described in this section by sending an email to privacy@breederscup.com. Please note that we may ask you to verify your identity before taking further action on your request.

- Manage My Consent
- Edit My Data
- Access My Data
- Delete My Data 

1. Managing Your Information: You may access and update some of your information by clicking on the appropriate link provided above. We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following controls over your information:

Tracking Technologies and Advertising. If you do not want us to collect your personal information through the use of automated data collection technologies, including but not limited to, cookies, pixels and similar technologies, for any of the purposes set forth in the How We Use Information We Collect Section of this Privacy Policy, you may withdraw your consent at any time by clicking on the Manage My Consent link provided above. Immediately upon your withdrawal of consent, we will no longer collect your personal information using cookies, pixels or similar technologies, nor will we use your personal information for any of the purposes described in the How We Use Information We Collect Section of this Privacy Policy. Please note that some parts of the site may then be inaccessible or not function properly. Your withdrawal of consent does not affect the validity of any collection and processing of personal information which occurred prior to your withdrawal.

Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email with your request to privacy@breederscup.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

Third Party Tracking Technologies and Advertising. We do not control the manner in which third parties’ may collect your personal information when you are using the Service. If you choose not to have your information collected or used by a third party website or service, you may set your browser to refuse all or some cookies, pixels or similar automated data collection technologies. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For more information on how to manage cookies, pixels and similar automated data collection technologies, visit the settings display in your web browser. In addition, you can opt out of receiving targeted ads from participating ad networks, audience segment providers, ad serving vendors, and other service providers by visiting websites operated by the Network Advertising Initiative and Digital Advertising Alliance.

 

2.RECTIFICATION OF INACCURATE OR INCOMPLETE INFORMATION: You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your account settings). For more information, follow the Edit My Data link.

 

3.DATA ACCESS AND PORTABILITY: In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible). For more information on how to access your personal information, follow the Access My Data link.

 

4. DATA RETENTION AND ERASURE: We generally retain your personal information for only as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Service to you, you can request that we erase your personal information and close any accounts created through the Service by following the instructions in the Delete My Data link. Please note that if you request the erasure of your personal information:

  • We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety.
  • We may retain and use your personal information to the extent necessary to comply with our legal obligations, such as for tax, legal reporting and auditing obligations
  • Because we maintain the Service to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

5. WITHDRAWING CONSENT AND RESTRICTION OF PROCESSING: Where you have provided your consent to the processing of your personal information by the Breeders’ Cup, you may withdraw your consent at any time by following the Manage My Consent link or by sending a communication to the Breeders’ Cup specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.

 

6. OBJECTION TO PROCESSING: In some jurisdictions, applicable law may entitle you to require us not to process your personal information for certain specific purposes (including profiling). If you object to such processing, we will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims. Where your personal information is processed for direct marketing purposes, you may, at any time ask us to cease processing your data for these direct marketing purposes by following the Manage My Consent link or by sending a communication to us.

 

7. LODGING COMPLAINTS: You have the right to lodge complaints about the data processing activities carried out by the Breeders’ Cup to the appropriate data protection authorities.

 

OTHER TERMS AND CONDITIONS


SECURITY

We are continuously implementing and updating our administrative, technical and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. We incorporate reasonable safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information that we may collect, including firewalls and data encryption, and information access controls. If you have reason to believe that your account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your account, please contact us following the instructions in the Contact Us section below.

The safety of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.


LINKS TO OTHER WEBSITES

You should be aware that when you use the Service, you could be directed to other websites beyond our control. This includes links from advertisers, sponsors and marketing partners, and these third parties may use our logos as part of a sponsorship agreement. These other websites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a website that is linked to the Service, you should consult that website’s privacy policy before providing any personal information. We do not have any control over third party websites and are not liable to you for any claims that may arise from your use of third party websites.

 

INFORMATION YOU MAKE PUBLIC

The Service, including mobile applications and pages we make available through social networking sites such as Facebook, may have features that allow you to post information that can be viewed by other visitors, such as commenting, chat rooms, forums and message boards. You are not required to provide any personal information when using these features but you may choose to do so. If you post personal information online, it will be publicly available and you may receive unsolicited messages from other parties. In addition, when you post a comment to a mobile application, the user name with which you registered for the Service and your current location may be made publicly available on the Service and through the mobile application. We cannot ensure the security of any information you choose to make public using these features, and it may remain available indefinitely. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information in these areas.

 

DATA RETENTION

We will retain your information for as long as your membership is active or as needed to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at privacy@breederscup.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We store information about visitors on servers located in the United States. If you wish to have your information deleted from the Service, we will attempt to do so if we are not required to retain it by law or for legitimate business purposes.

 

OUR POLICIES CONCERNING CHILDREN

Our Service is not intended for children under the age of 18 and we do not knowingly collect any personal information from children under the age of 18. In the event that we learn that we have inadvertently gathered personal information from a child under the age of 18, we will take reasonable measures to promptly erase such information from our records.

 
YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits customers of the Service who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@breederscup.com.

 

CHANGES TO THIS PRIVACY POLICY

The Breeders’ Cup reserves the right to amend, modify or update this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will notify you of the revised Privacy Policy on the Service and update the “Last Updated” date at the top of this Privacy Policy. We may also choose to provide you with notice of the modification by email before the date the revised Privacy Policy becomes effective. If you disagree with the revised Privacy Policy, you may opt-out of any collection or use of your information as discussed in the Your Rights Section of this Privacy Policy , cease your use of the Service, or cancel any account you have registered through the Service. Otherwise, your continued access to or use of the Service will be subject to the revised Privacy Policy.

 
CONTACT INFORMATION

If you have any questions about this Privacy Policy, please contact:

BREEDERS’ CUP

Re: Privacy Policy 

215 W. Main Street

Suite 250

Lexington, KY 40507

(800) 722-3287

privacy@breederscup.com

 

Terms

You acknowledge that our Terms of Service are incorporated herein by this reference and apply to this Privacy Policy, including, without limitation, all rules of conduct, disclaimer of warranty, limitations of liability, indemnification and dispute resolution provisions.

Copyright © 2019 The Breeders’ Cup. All rights reserved.