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Privacy Policy

Last Revised: February 9, 2017

Welcome to www.tcsnycmarathon.org, the official website of the TCS New York City Marathon.  We may refer to ourselves, on this page, as: “New York Road Runners,” “NYRR,” “we,” “our,” or “us.”  We refer to you as “you” or “your” or “yourself.”

This Privacy Policy (“Policy”) governs our privacy practices with respect to our website located at www.tcsnycmarathon.org and any of NYRR’s other registered domains, mobile apps, or social networking pages, profiles, or feeds that post a link to this Policy (collectively, the “Services”).  It does not apply to information collected through NYRR’s races, classes, expos, or other events (“Events”), such as geolocation information collected through race bibs.

By using our Services, you are agreeing to this Policy and to allow us to collect, use, store, and transfer your information, including any Personally Identifiable Information, (as described in Section 1, below) that you provide to us.  Please note that this means, regardless of where you live, you will be giving us permission to transfer your information to, and to store and process your information within, the United States of America or other countries where NYRR or our affiliates, subsidiaries, or agents maintain facilities or business operations.

If you do not wish to agree to these terms, please do not provide your information when requested and immediately cease use of the Services.  Your use of our Services is also subject to “Terms of Use,” which are separate from this Policy, and located at www.tcsnycmarathon.org/terms-of-use.

You should review this Policy carefully, because if you do not agree with our practices, your ultimate choice is not to use the Services. If we update this Policy, your continued use of the Services following the posting of the revised Policy means that you accept and agree to the terms of the revised Policy.

1.     Collection of Your Information

A.        Information You Provide.

We collect information you provide directly via the Services. For example, we collect information when you create an account, become a member, register for a race, class, or volunteer opportunity, make an online purchase, make a donation, or otherwise communicate or transact with us through the Services.

The information we collect may include Personally Identifiable Information.
Personally Identifiable Information refers to any information that identifies or can be used to identify the person to whom such information pertains, including the following: first and last name, address, phone number, fax number, email address, billing information, credit card information, professional affiliation and industry, airline miles number, ethnicity, educational level, annual household income, family member information, and personal photo.  Personally Identifiable Information does not include information that has been de-identified, or demographic information not connected to an identified individual accessing the Services. 

B.        Information Collected Automatically.

We may automatically collect certain information about you when you access or use the Services (“Tracking Data”). Tracking Data includes data regarding the number and frequency of users to the Services, the date and time of visits to our Services, the web sites that users access before and after they visit the Services, and users’ IP addresses, device identifiers, browsers, operating systems, network connected hardware, and internet service providers. Except to the extent required by applicable law, NYRR does not consider Tracking Data to be Personally Identifiable Information. However, Tracking Data may be combined with your Personally Identifiable Information. To the extent that we combine Tracking Data with your Personally Identifiable Information, we will treat the combined information as Personally Identifiable Information under this Policy. 

The methods that may be used on the Services to collect Tracking Data include:

·      Log Information: Log information is data about your use of the Services, such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data, which is stored in log files.

 

·      Information Collected by Tracking Technologies: Cookies, web beacons (also known as "tracking pixels"), embedded scripts, location-identifying technologies, device fingerprinting, in-app tracking methods, and other tracking technologies now and hereafter developed may be used to collect information about your interactions with the Services or e-mails, including information about your browsing and activity behavior.

 

o   Cookies

A cookie is a small piece of data sent from a web site and stored in the user’s web browser while that user is browsing that web site.  When the user loads that web site, the browser sends the cookie back to the server to notify the web site of the user’s previous activity.  Cookies are used for a variety of reasons.  We use cookies to obtain information about the preferences of our users and the services they select.  We also use cookies for securities purposes to protect our users.  For example, if a user is logged on and our Services are unused for an extended period of time, we may automatically log the user off.  As a user to the Services, you may choose to disable cookies on your browser.  However, if you choose to disable cookies, you will be unable to use certain functions on the Services.

  • Web Beacons (“Tracking Pixels”)

Web beacons are small graphic images, also known as "internet tags" or "clear gifs," embedded in web pages and e-mail messages. Web beacons may be used to count the number of visitors to the Services, to monitor how users navigate the Services, and to count content views.
 

o   Embedded Scripts

An embedded script is programming code designed to collect information about your interactions with the Services. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the Services, and deleted or deactivated thereafter.

 

o   Location-identifying Technologies

GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location.

 

o   Device Fingerprinting

Device fingerprinting is the process of analyzing and combining sets of information elements from your device’s browser, such as JavaScript objects and installed fonts, in order to create a “fingerprint” of your device and uniquely identify your device and applications.

 

o   In-App Tracking Methods

There are a variety of tracking technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings.  Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps. You can stop all collection of information via our mobile applications by uninstalling them. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device.

 

For further information on tracking technologies and your choices regarding them, please see Section 8 below.

 

C.        Information from Events.

We may combine information collected through your participation in Events with information we have collected about you through the Services.  To the extent we combine Event information with Personally Identifiable Information we have collected about you on the Services, we will treat the combined information as Personally Identifiable Information under this Policy. 

D.        Information from Other Sources. We may obtain information about you from other sources, including service providers and third party services, and combine such information with information we have collected about you.   To the extent we combine such third party sourced information with Personally Identifiable Information we have collected about you on the Services, we will treat the combined information as Personally Identifiable Information under this Policy.  We are not responsible for the accuracy of any information provided by third parties or third party policies or practices.

 

2.     How We Use Your Information

We may use information about you, including your Personally Identifiable Information, for any purpose consistent with our statements under this Policy, including to:

  • Manage your registration, accounts, memberships, purchases, volunteer activities, classes, and donations.

 

  • Respond to your requests or correspondence, and provide customer service.

 

·       Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.

  • Prevent and address fraud, breach of policies or terms, and threats or harm.

 

  • Assist with system administration, load balancing metrics, and to create reports on user demographics and Services traffic patterns.

 

  • Conduct research, including focus groups and surveys.

 

  • Manage your race data, including race activity and results.

 

  • Improve the Services or other NYRR websites, applications, marketing efforts, products and services.

 

  • Send you advertisements and communicate with you regarding our and third party products, services, offers, promotions, rewards and events we think you may be interested in (for information about how to manage these communications, see Sections 8 and 9 below).

 

  • Fulfill any other purpose disclosed at the time you provide Personally Identifiable Information.

 

3.     How We Share Your Information

We may employ third party agents or third party service providers to operate the Services and to perform functions on our behalf, such as sending email, as well as analyzing data or performing other administrative tasks.  These third parties have access to information that is needed to perform their functions.  We limit such third parties from using the information that we share with them for any reason other than performance of the services for which they have been engaged.  However, we are not responsible for such third parties’ use of information not in compliance with this Policy.

We may also share your information for any purposes consistent with our statements in this Policy, including in the following situations:

·      When we hire vendors to perform services on our behalf, such as helping us run our Services, manage races and provide race data, fulfill contests or sweepstakes, administer surveys, process online transactions, execute and optimize marketing/advertising campaigns, and manage and enhance user data. 

 

·      When we partner with third parties to offer you promotions on NYRR products and services.  For example, we work with third parties to offer you special discounts when you purchase products or services on our Services, and, as part of such promotion, we may provide these third parties with information about users who participated in the promotion.

 

·      In connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another company.

 

·      With our affiliates for internal business purposes.

 

·      Where we are legally compelled to do so.  This includes complying with court orders, subpoenas, responding to requests from law enforcement agencies; enforcing contract terms; responding to and resolving any claims (including user complaints); or otherwise protecting the safety of rights (including intellectual property rights) of NYRR, our business customers, users, or the general public.

 

·      For purposes disclosed at the time you provide Personally Identifiable Information.

 

·      With your consent or at your direction.

 

4.     Data Security

We take reasonable precautions to secure and protect the information on our systems. Unfortunately, no data transmission over the internet can be 100% secure and, accordingly, we cannot guarantee or warrant the security of any information you disclose or transmit to us online.

The safety and security of your information also depends on you.  You are responsible for keeping your password confidential.  We ask you not to share your password with anyone.  We urge you to be careful about giving out Information in public areas of the Services like message boards. 

5.     How You Can Update or Correct Your Information

You can send a message to [email protected] or log-in to your account to update or correct certain account information we have about you. We will make a good faith effort to make the requested changes in NYRR’s then-active databases as soon as practicable, but it may not be possible to completely update or correct your information. We reserve the right to retain information (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.

6.     Social Networking

You also can engage with our Services though video, applications, and other offerings, on or through third party social networking sites, such as Facebook or third party social media plug-ins and applications.  When you engage with our Services on or through third party social networking sites, plug-ins and applications, you may allow us to have access to certain information from your social media profile (for example, name, e-mail address, photo, gender, birthday, location, your list of friends, people you follow and/or who follow you, your posts or ‘likes’) to deliver the content or as part of the operation of the application.  We may combine information which we obtain directly through social networking sites or applications with information we obtain directly through the Services or from other sources. 

When you allow us to access information from your social media account, it can enable us to do things like: (i) deliver exclusive content to you, (ii) personalize your online experience with us within and outside our applications or web sites, and (3) contact you through the social networking sites or directly using your information.  By engaging with our Services through social networking sites or applications, you consent to the use of this information in accordance with this Policy.  Additionally, when you provide information in publicly visible areas of social networking sites or applications, it may be viewed by other members of these sites and we cannot prevent further use of the information. We are not responsible for and make no representations regarding the policies or business practices of any social networking sites or third parties and encourage you to familiarize yourself with and consult their privacy policies and terms of use.

7.     External Links

NYRR’s Services may contain links to other web sites, including the site of the third party store, but we are not responsible for the privacy policies, terms of use, or content of any such third party web sites.

We encourage you to familiarize yourself with the privacy policies and terms of use of linked web sites.  You may agree to provide information to other companies who provide content for various parts of our Services.  If you agree to provide information to such companies, however, that information will be subject to their privacy policies.

8.     Analytics and Advertising Tracking Technologies.

We may use Google Analytics and other service providers for analytics services.  These analytics services may use tracking technologies to help us analyze Services users and how they use the Services. Information generated by these services (e.g., your IP address and other Tracking Data) may be transmitted to and stored by these service providers on servers in the U.S. (or elsewhere) and these service providers may use this information for purposes such as evaluating your use of the Services, compiling statistic reports on the Services’ activity, and providing other services relating to Services activity and other internet usage.  

We may also engage and work with third parties to serve advertisements on the Services and/or on third party services. These third parties may use tracking technologies to tailor ads to your interests based on your browsing of the Services and elsewhere on the internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising, which may include sending you an ad on a third party service after you have left the Services (i.e., “retargeting”). 

You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.

 

You may choose whether to receive interest-based advertising by submitting opt-outs.  Some of the advertisers and service providers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising.  To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps.  Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/.  Please be aware that, even if you are able to opt out of certain kinds of interest-based advertising, you may continue to receive other types of ads.  Opting out only means that those selected members should no longer deliver certain interest-based advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks).  NYRR is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. 

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit.  Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals.  Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms.  For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

9.     Communications

A. E-mails and Push Notifications. You can opt out of receiving certain promotional communications (e-mails and push notifications) from us at any time (i) for e-mails, follow the instructions as provided in e-mails to click on the unsubscribe link or by sending an e-mail to us at [email protected] with the word UNSUBSCRIBE in the subject field of the e-mail; (ii) for push notifications or in-app messages, adjust the permissions in your mobile device.  Please note that your opt-out is limited to the e-mail address, phone number, or device used and will not affect subsequent subscriptions or non-promotional communications, such as those about your account, transactions, servicing, or NYRR’s ongoing business relations.

B. Text Messages, Call Alerts. If you participate in NYRR Events and agree to receive text messages and call alerts by signing the General Liability Waiver and Release (and not opting out), NYRR may send you ongoing text message and prerecorded call alerts (including by automatic dialing systems) regarding date or time changes, weather or route updates, your location and placement in a race and other race related information for any Events in which you participate. Your consent is not required to participate in any Event or a condition of any purchase, and you may withdraw your consent at any time for text message and prerecorded call alerts by sending an email to NYRR’s Runner Services at [email protected] stating that you no longer wish to receive text message alerts and prerecorded call alerts. Your withdrawal will be put into effect no later than 24 hours from the time your email is received by NYRR. Standard message, data and other fees may be charged by your carrier and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phone and/or carriers are supported. You may contact your carrier for further details.

10.  Privacy Policy Changes

We will inform our users of changes to this Policy by posting such changes on our Services.  However, if we are changing this Policy in a manner that might cause disclosure of information we previously advised would not be disclosed, we will contact our users to allow such users to prevent such disclosure.

11.  Choice of Law

This Policy shall be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to this Policy shall be filed only in the state or federal courts located in the County and State of New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any action and waive any claim that such courts are an inconvenient forum for such actions.

12.  Your California Privacy Rights

California’s “Shine the Light” law permits our customers who are California residents to request certain information regarding our disclosure of information to third parties for their direct own marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt in to, or opt out of, this type of sharing.

NYRR may share “personal information” as defined by California’s “Shine the Light” law with third parties for such third parties own direct marketing purposes.  California residents may obtain information about our compliance with this law by sending an e-mail to [email protected] or writing to us at 156 West 56th Street, 3rd Floor, New York, NY 10019, Attn: General Counsel. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.  Please note that NYRR is not required to respond to requests made by means other than through the provided e-mail address or mail address.

13.  International Transfer.

We are based in the U.S. and the information we and our service providers collect is governed by U.S. law.  If you are accessing the Services from outside of the U.S., please be aware that information collected through the Services may be transferred to, processed, stored and used in the U.S.  Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Services or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing and storage of your information, including Personally Identifiable Information, in the U.S. as set forth in this Policy.  

14.  Children

Our Services are directed to a general audience comprised primarily of adult users.  Therefore, for most parts of the Services, we do not collect personal information from children under the age of 13 as defined by the U.S. Children’s Privacy Protection Act (“COPPA”).  To the extent that a child under the age of 13 wants to participate in an Event, that child’s parent or legal guardian must register the child under the parent or legal guardian’s account and give consent to NYRR to collect and use the child’s personal information in compliance with COPPA.

If you are a parent or guardian and believe NYRR has collected such information in a manner not permitted by COPPA, please contact us at [email protected] and we will remove such data to the extent required by COPPA. 

15.  Contact Us.

Please contact us at [email protected] if you have any questions or concerns regarding the Services or this Policy.