Privacy Policy.

Privacy Policy

The following terminology applies to this Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Liberty Park Raceway LLC, a New Jersey limited liability company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. “Services” is any service provided by us to you or any of your agents or individuals within your legal custody (e.g. children), including but not limited to the provision of this Website or related mobile application. “Products” is any products that you may have obtained from us, either directly or indirectly, including but not limited to any content you receive from Us. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. The Company is committed to the protection of your privacy, and will treat all of the information you provide to us with the utmost respect. The Company works diligently to ensure that it has taken all appropriate administrative and technical measures to prevent the unauthorized or unlawful use of your personally identifiable information, and to prevent any accidental loss or destruction of, or damage to, such information. The Company will only share the information you provide with its employees, agents, processors and third-party payment vendors as necessary to complete the services requested by you. We will not sell or disclose personally identifiable information about you to unaffiliated third parties except in accordance with this Privacy Policy. E-mail messages are not secure. Our security software does not encrypt e-mail messages. E-mail messages traveling through the Internet are subject to viewing, alteration, and copying by potentially anyone on the Internet. You should exercise discretion with respect to the submission of any personal or financial information via e-mail. If you are concerned about the security of your communication, we encourage you to send your correspondence through the postal service or use the telephone to speak directly to us. We are not responsible for the security or confidentiality of communications you send to us through the Internet using e-mail messages. By providing Personal Information to us, you consent to our collection, use and disclosure of your Personal Information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you understand our current Privacy Policy. If you are a resident of: A. the European Union, supplementary terms at ANNEXURE A relating to the GDPR apply; B. the United States, supplementary terms at ANNEXURE B apply (including some terms which only apply to California residents). Please read these additional terms carefully as they supplement these Terms and form part of our agreement with you.

Interpretation

Device

means any device that can access the Service such as a computer, a cell phone or a digital tablet. Personal Information or Personal Data includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. It may also include financial information, including your credit card information. Terms and Conditions (also referred as “Terms”) mean the Terms and Conditions and associated documents, including applicable Privacy Policies, which form the entire agreement between You and the Company regarding the use of the Services.

Third-party Service

means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Services.

Website

means our websites located at https://www.rpmraceway.com/, including any of its subdomains.

You

or your means you, the person who access our Website and who we provide the Services to. What Personal Information do we collect? We may collect the following types of Personal Information: ● Personal details: name; gender, date of birth, nationality; ● Contact details: email address; address, mobile number, social media account ● Payment details: payment and transaction information, including your bank and credit card details; ● Technical information: your Device ID, Device type, geo-location, computer and connection information, statistics on page views, traffic to and from our websites, ad data, IP addresses and web log information; ● Customer support: details of the Services we have provided to you or that you have enquired about, including any additional information necessary to deliver those Services and respond to your enquiries; and ● Feedback information: information you provide to us through surveys. How do we collect Personal Information? We may collect Personal Information about you when You: ● Communicate with us through correspondence, chats, email, or when you share information with us from other social applications, Services or Websites; ● Make enquiries, submit comments, bug reports, ideas, or other feedback about the Website and our Services; ● Interact with our Websites, services, content and advertising; or join a mailing list; ● Participate in a competition, promotion or survey; ● Post a review, rating, comment, or other user-generated content on one of our Websites or applications; We may also collect Personal Information when we receive your Personal Information from third parties who legally provide it to us (including further to recruitment activities). Why do we collect, use and disclose Personal Information? We may use your Personal Information to: ● Operate, protect, improve and optimise our Products, Website and Services, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing; ● Send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you; ● Send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting; ● Comply with our legal obligations, resolve any disputes that we may have with any of our users, enforce our Terms and Conditions and other agreements, or to protect the rights, property or safety of the Company, our users or others; ● Consider your employment application; and ● for any other purpose with your consent. We may also disclose your Personal Information to a trusted third party who holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and Services you receive. Disclosure of Personal Information: We may disclose Personal Information for the purposes described in this Privacy Policy to: ● Our employees and related bodies corporate; ● Third party suppliers and Third Party Service Providers (including providers for the operation of our Websites and/or our business or in connection with providing our Services to you); ● Professional advisers, dealers and agents; ● Payment systems operators (e.g. merchants receiving card payments); ● Our existing or potential agents, business partners or partners; ● Our sponsors or promoters of any competition that we conduct via our Services; ● Anyone to whom our assets or businesses (or any part of them) are transferred; ● Specific third parties authorised by you to receive information held by us; and/or ● Other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law. Security: We design our systems with your security and privacy in mind. We may hold your Personal Information in either electronic or hard copy form. We take reasonable steps to protect your Personal Information from misuse, interference, and loss, as well as unauthorised access, modification, or disclosure. We also use a combination of physical, administrative, personnel and technical measures (such as encryption protocols and software) to protect your Personal Information, however we cannot and do not guarantee its security and we disclaim any liability related to its security to the full extent of the law. Direct Marketing: We and/or our carefully selected business partners may send you direct marketing communications and information about our Services. This may take the form of emails, SMS, mail, or other forms of communication. You may opt-out of receiving marketing materials by contacting us using the details below or the opt-out facilities provided (e.g., an unsubscribe link). If you have any questions or objections about how we collect and process your Personal Information, or if you would like to exercise any of the above rights, please contact us using the information below. Data Retention: We may hold your Personal Information for as long as it is reasonably necessary to enable you to access and use our Services. We may retain your Personal Data wholly or partly for a longer or shorter period under applicable laws or any other lawful reason. Our data retention periods may be altered from time to time based on regulatory or other changes. Cookies: We may use cookies and similar tools to enhance your user experience, provide our Services and understand how customers use our Services so we can make improvements. Cookies are small amounts of information that are stored on your devices. Cookies enable us to recognise you across different websites, services, devices and browsing sessions. You can disable cookie installation via your browser. You can use the cookie banner to accept, configure or refuse cookies. By using our Services, Website, or Products you agree to our use of non-essential cookies. You can elect to opt out of non-essential cookies through the opt out function in our cookie banner, however, your access of the Services may be limited by this selection. Use of third-party software: Our Services may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. By using a Third-party Extension, a Third-party Platform, or any other Third-party services to access our Services or Website you agree that you are governed by the terms of service and privacy policy for the applicable Third-party Extension, applicable terms for the Third-party Platform, or the terms and privacy policy of any other Third-party services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods or services available on or through any such websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit. Links: Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites. Making a complaint: If you have concerns about how we have handled your Personal Information, you can contact us using the details below. Please include your name, email address and clearly describe your complaint. We will acknowledge your complaint and respond to you within a reasonable period. If you think we have failed to resolve the complaint satisfactorily, we will provide you with information about further steps you can take. You also have the right to contact your local data protection authority. Contact Us, Data Controller: For questions or requests please contact us at legal@rpmraceway.com ANNEXURE A - SUPPLEMENTARY TERMS - GDPR In addition to the terms referred to in this document (see “Interpretation” section), the following terms apply specifically to European Union residents per the GDPR. We use the terms Personal Information and Personal Data interchangeably within our Privacy Policy, noting that the relevant term shall apply based on the operation of relevant privacy and data laws to you. Data Controller for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person, which alone or jointly with others, determines the purposes and means of the processing of Personal Data. Data Processor for the purposes of the GDPR means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used. Personal Data for the purposes of the GDPR means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. We are the Data Controller for Personal Data collected in connection with providing our Services. We generally collect your Personal Data directly from where you are based and may store it on servers outside the EU or the European Economic Area (EEA) in countries such as Australia or the USA, where data protection standards may be lower than in the EU/EEA. The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights under the GDPR. If You are within the EU, you have the right under the GDPR to: Access, correct, update or delete the information We have on You: If you are unable to perform these actions yourself, please contact Us to assist You. Object to processing of Your Personal Data: This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation that makes You want to object to our processing of Your Personal Data. You also have the right to object where We are processing Your Personal Data for direct marketing purposes. Request the transfer of Your Personal Data: We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You. ● Withdraw Your consent: You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service. Exercising Your GDPR Data Protection Rights You may exercise Your rights of access, rectification, cancellation, and opposition by contacting Us by using the information below. Sometimes, we may not be able to provide you with access to all of your Personal Information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your Personal Information. If you think that any Personal Data we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected. You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA. ANNEXURE B - SUPPLEMENTARY TERMS - CALIFORNIA This privacy notice section for California residents supplements the information contained in Our Privacy Policy, and it applies solely to all visitors, users, and others who reside in the State of California, unless otherwise stated that it applies to United States residents generally. Personal Information for the purpose of the California Consumer Privacy Act (CCPA) means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You. Under CCPA, personal information does not include: Publicly available information from government records, deidentified or aggregated consumer information, Information excluded from the CCPA’s scope, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gamm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994. Business for the purpose of the CCPA refers to the Company as the legal entity that collects Consumers’ Personal Information and determines the purposes and means of the processing of Consumers’ Personal Information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ Personal Information, that does business in the State of California. Consumer for the purpose of the CCPA means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in California for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the California who is outside California for a temporary or transitory purpose. Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites. Provisions regarding Do Not Track references herein apply to all residents of the United States. Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration. Collection of Personal Information Over the past 12 months, We have collected the personal information from You as provided in the “What Personal Information do we collect?” section above. This does not mean that all examples listed above were in fact collected by Us, but reflects our good faith belief, to the best of our knowledge, that some of that information from those examples may have been collected. For example, certain Personal Information would only be collected if You provided such personal information directly to Us. Sources of Personal Information We obtain the Personal information listed above from the following categories of sources: ● directly from You, for example, from the forms You complete on our Service, preferences You express or provide through our Service, or from Your purchases on our Service; ● indirectly from You, for example, from observing Your activity on our Service; ● automatically from You, for example, through cookies We or our Third Party Service Providers set on Your Device as You navigate through our Service; and ● from Third-Party Service Providers, for example, we may use Third-Party services monitor and analyse the use of our Service, to handle payment processing, or to otherwise provide the Services to You. Use of Personal Information for Business Purposes or Commercial Purposes We may use or disclose personal information We collect for “business purposes” or “commercial purposes” (as defined under the CCPA) as described herein this Privacy Policy and as described to You when collecting Your personal information or as otherwise set forth in the CCPA. Share of Personal Information We may share Your Personal Information to the entities We have described herein this Privacy Policy, including but not limited to, the entities listed above in the “To whom do we disclose your Personal Information?” section of this Privacy Policy. Disclosure of Personal Information for Business Purposes or Commercial Purposes We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes: ● Category A: Identifiers; ● Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)); ● Category C: Protected classification characteristics under California or federal law; ● Category D: Commercial information; and ● Category F: Internet or other similar network activity Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed. When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. There is no Sale by us of the Personal Information that we may collect from you. Your Rights under the CCPA: The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights: The right to notice: You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used. The right to request: Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You: ● the categories of personal information We collected about You; ● the categories of sources for the personal information We collected about You; ● our business or commercial purpose for collecting or selling that personal information; ● the categories of third parties with whom We share that personal information; ● the specific pieces of personal information We collected about You; ● the categories of Personal Information we disclosed. The right to delete Personal Data: You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to: ● complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You; ● detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; ● debug products to identify and repair errors that impair existing intended functionality. ● exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; ● comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.); ● engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if You previously provided informed consent; ● enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us; ● comply with a legal obligation; and ● make other internal and lawful uses of that information that are compatible with the context in which You provided it. The right not to be discriminated against: You have the right not to be discriminated against for exercising any of Your consumer’s rights, including by: ● denying goods or Services to You; ● charging different prices or rates for goods or Services, including the use of discounts or other benefits or imposing penalties; ● providing a different level or quality of goods or Services to You; and ● suggesting that You will receive a different price or rate for goods or Services or a different level or quality of goods or Services. Exercising Your CCPA Data Protection Rights California residents may make a request pursuant to your rights under the CCPA by contacting us at legal@rpmraceway.com. Only You, or a person registered with the California Secretary of State that You authorise to act on Your behalf, may make a verifiable request related to Your personal information. Your request to Us must: ● provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorised representative; and ● describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it, We cannot respond to Your request or provide You with the required information if We cannot verify Your identity or authority to make the request and confirm that the personal information relates to You. We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice. Any disclosures We provide will only cover the 12-month period preceding the verifiable request’s receipt. For data portability requests, We will select a format to provide Your personal information that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance. “Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA) Our Service does not respond to Do Not Track signals. Children’s Privacy: Our Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. Your California Privacy Rights (California’s Shine the Light law): Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes. If you’d like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below. California Privacy Rights for Minor Users (California Business and Professions Code Section 22581): California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted. To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account. Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances. Contact Us: For further information about our Privacy Policy or practices, or to access or correct your Personal Information, or make a complaint, please contact us using the details set out below. © Liberty Park Raceway LLC