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J. PATTON SPORTS MARKETING, INC. PRIVACY POLICY FOR NASCARHOLOGRAM.COM THIS WEBSITE IS INTENDED FOR U.S. RESIDENTS ONLY. OVERVIEW Thank you for visiting NASCARHOLOGRAM.COM (the "Website"). J. Patton Sports Marketing, Inc., on behalf of National Association for Stock Car Auto Racing, Inc., (collectively, "JPSM", "we", "us" or "our"), respects privacy as an important part of our commitment to clients, participants and the general public. Please read the following Privacy Policy. Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with these terms. In addition to reviewing this Privacy Policy, please read the Terms of Use. Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with its terms and conditions as well. When you participate on the Website, you can be confident that any personal information that you share with us will stay with us. Any time you participate, you can be assured that your individual information will be kept confidential and never linked to your personal identifying information without your express permission. You are free to choose whether or not to participate, free to choose not to answer any specific questions and free to discontinue participation at any time. The JPSM Privacy Policy ("Privacy Policy") is a statement of principles and guidelines describing the level of protection of personal information provided by JPSM to respondents and the general public. The objective of the Privacy Policy is to promote responsible and transparent personal information management practices in a manner consistent with all applicable laws. JPSM will continue to review its Privacy Policy to make sure that it is relevant and remains current with changing industry standards, technologies and laws. If you have any concerns about how your privacy is protected at JPSM, please contact our Privacy Officer by e-mail at privacy@jpattonondemand.com or by mail at: J. Patton Sports Marketing, Inc. 3450 Rivergreen Court Duluth, GA 30096 Attention: Privacy Officer THE DETAILED PRIVACY POLICY SCOPE AND APPLICATION The ten principles that form the basis of the Privacy Policy are interrelated and JPSM shall adhere to the ten principles as a whole. Each principle must be read in conjunction with the accompanying commentary. As permitted by law, the commentary in the Privacy Policy has been drafted to reflect personal information issues specific to JPSM. The scope and application of the Privacy Policy are as follows: - The Privacy Policy applies to personal information collected, used, or disclosed by JPSM in the course of commercial activities. - The Privacy Policy applies to the management of personal information in any form whether oral, electronic or written. - The Privacy Policy does not impose any limits on the collection, use or disclosure of the following information by JPSM: (a) non-personally identifiable information, which includes, but not limited to, the type of browser you are using, the type of operating system you are using, and the domain name of your Internet service provider; and (b) other information about an individual that is publicly available and is specified by regulation. DEFINITIONS collection: The act of gathering, acquiring, recording, or obtaining personal information from any source, including third parties, by any means. consent: Voluntary agreement for the collection, use and disclosure of personal information for defined purposes. Consent can be either express or implied and can be provided directly by the individual or by an authorized representative. Express consent can be given orally, electronically or in writing, but is always unequivocal and does not require any inference on the part of JPSM. Implied consent is consent that can reasonably be inferred from an individual's action or inaction. disclosure: Making personal information available to a third party. employee: An employee of or independent contractor to JPSM. personal information: Information about an identifiable individual (respondent), including the individual’s name, address, e-mail address, telephone number, fax number, business address or telephone number, and information about your interests in and use of various products, programs, and services. respondent: A member of the public who provides personal information to JPSM in the course of participating on the Website. For example, a respondent is an individual who discloses personal information to JPSM in the course of filling out the forms and consenting in the chance to win prizes. third party: An individual or organization outside of JPSM. use: The treatment, handling, and management of personal information by and within JPSM or by a third party with the knowledge and approval of JPSM. THE TEN PRINCIPLES OF PRIVACY PRINCIPLE 1 - ACCOUNTABILITY JPSM is responsible for personal information under its control and shall designate one or more persons who are accountable for JPSM's compliance with the following principles. Responsibility for compliance with the provisions of the Privacy Policy rests with the JPSM Privacy Officer. The JPSM Privacy Officer can be contacted by e-mail at privacy@jpattonondemand.com, or by mail at: J. Patton Sports Marketing, Inc. 3450 Rivergreen Court Duluth, GA 30096 Attention: Privacy Officer Other individuals within JPSM may be delegated to act on behalf of the Privacy Officer or to take responsibility for the day-to-day collection and/or processing of personal information. JPSM is responsible for personal information in its possession or control and shall use contractual or other means to provide a comparable level of protection while information is being processed or used by a third party. PRINCIPLE 2 - IDENTIFYING PURPOSES FOR COLLECTION OF PERSONAL INFORMATION JPSM shall identify the purposes for which personal information is collected at or before the time the information is collected. JPSM collects personal information from the public only for the following purposes: (a) to conduct quantitative or qualitative marketing and social research; (b) to use the information to communicate with respondent, such as to notify respondent when you have won one of our contests or when we make changes to our Terms of Use and/or Privacy Policy, or to contact respondent about his/her account; (c) to meet legal and regulatory requirements. Further reference to "identified purposes" mean the purposes identified in this Principle. JPSM shall specify orally, electronically or in writing the identified purposes to the respondent at or before the time personal information is collected. Upon request, persons collecting personal information shall explain these identified purposes or refer the respondent to a designated person within JPSM who can explain the purposes. When personal information that has been collected is to be used or disclosed for a purpose not previously identified, the new purpose shall be identified prior to use. Unless the new purpose is permitted or required by law, the consent of the respondent will be acquired before the information will be used or disclosed for the new purpose. JPSM may provide other third parties with information for the identified purposes. JPSM sometimes uses non-personally identifiable information that we collect to improve the design and content of the Website and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Website usage, as well as to offer you products, programs, or services. PRINCIPLE 3 - OBTAINING CONSENT FOR COLLECTION, USE OR DISCLOSURE OF PERSONAL INFORMATION The knowledge and consent of a respondent are required for the collection, use, or disclosure of personal information, except where appropriate. Participation by respondents on the Website is always voluntary. When a respondent agrees to participate, he/she gives consent by participating. Generally, any personal information collected in the course of participating is not disclosed to third parties. In circumstances where JPSM does disclose information to a third party, JPSM always explains the reason for the disclosure to the respondent and obtains express permission from the respondent before making any such disclosure. A respondent is always free to choose whether or not to participate, free to choose not to answer any specific questions and free to discontinue participation at any time. In obtaining consent, JPSM shall use reasonable efforts to ensure that a respondent is advised of the identified purposes for which personal information will be used or disclosed. The identified purposes shall be stated in a manner that can be reasonably understood by the respondent. Generally, JPSM shall seek consent to use and disclose personal information at the same time it collects the information. However, JPSM may seek consent to use and/or disclose personal information after it has been collected, but before it is used and/or disclosed for a new purpose. In determining the appropriate form of consent, JPSM shall take into account the sensitivity of the personal information and the reasonable expectations of its respondents. The participation of a respondent in a quantitative or qualitative marketing or social research study may constitute implied consent for JPSM to collect, use and disclose personal information for the identified purposes. The Website may contain links to other websites whose information practices may be different than ours. Respondents should consult the other websites' privacy statements as we may not have control over information that is submitted to, or collected by, these third parties. PRINCIPLE 4 - LIMITING COLLECTION OF PERSONAL INFORMATION JPSM shall limit the collection of personal information to that which is necessary for the purposes identified by JPSM. JPSM shall collect personal information by fair and lawful means. JPSM limits the amount and type of personal information it collects. We collect only the amount and type of information needed for the purposes identified to respondents. JPSM collects personal information about a respondent primarily from that respondent. Except as permitted by law, JPSM will only collect personal information from external sources, such as client organizations, if respondents have consented to such collection. However, to enhance your experience with our Website, many of our web pages use "cookies." Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personal information unless you choose to provide this information to us. However, once you choose to furnish the Website with personal information, this information may be linked to the data stored in the cookie. We use cookies to understand Website usage and to improve the content and offerings on our Website. For example, we may use cookies to personalize your experience at our web pages (e.g., to recognize you by name when you return to our site), and save your password in password-protected areas. "Web beacons" or clear .gifs are small pieces of code placed on a web page to monitor the behavior and collect data about the respondents viewing a web page. For example, web beacons can be used to count the respondents who visit a web page or to deliver a cookie to the browser of a respondent viewing that page. We may use web beacons on this Website from time to time for this and other purposes. PRINCIPLE 5 - LIMITING USE, DISCLOSURE, AND RETENTION OF PERSONAL INFORMATION JPSM shall not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the respondent or as required or permitted by law. JPSM may disclose a respondent's personal information: (a) to a third party engaged by JPSM to perform functions on its behalf; (b) to a public authority or agent of a public authority if, in the reasonable judgment of JPSM, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; (c) in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, to verify or enforce compliance with the policies governing our Website and applicable laws, or as otherwise required or permitted by law or consistent with legal requirements. In addition, we may transfer personal information about you if we are acquired by, sold to, or merged with another company; or (d) a third party or parties, where the respondent consents to such disclosure or disclosure is required or permitted by law. Only JPSM's employees with a business need-to-know, or whose duties reasonably so require, are granted access to personal information about respondents. JPSM requires such employees to protect this information in a manner that is consistent with this Privacy Policy. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure respondent that personal information that is collected will never be disclosed in a manner that is inconsistent with this Privacy Policy. JPSM shall keep personal information only as long as it remains necessary or relevant for the identified purposes or as required by law. JPSM shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to personal information that is no longer necessary or relevant for the identified purposes or required by law to be retained. Such information shall be destroyed, erased or made anonymous. PRINCIPLE 6 - ACCURACY OF PERSONAL INFORMATION Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used. Personal information used by JPSM shall be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about a respondent. JPSM shall update personal information about respondents and employees as necessary to fulfill the identified purposes or upon notification by the respondent. PRINCIPLE 7 - SECURITY SAFEGUARDS JPSM shall protect personal information by security safeguards appropriate to the sensitivity of the information. JPSM shall put in place appropriate physical, electronic, and managerial procedures to protect and safeguard personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures, regardless of the format in which it is held. JPSM shall protect personal information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used. All of JPSM's employees with access to personal information shall be required to respect the confidentiality of that information. PRINCIPLE 8 - OPENNESS CONCERNING POLICIES AND PROCEDURES JPSM shall make readily available to respondents specific information about its policies and procedures relating to the management of personal information. JPSM shall make information about its policies and procedures easy to understand, including: (a) the title and address of the person or persons accountable for JPSM's compliance with its Privacy Policy and to whom inquiries and/or complaints can be forwarded; (b) the means of gaining access to personal information held by JPSM; (c) a description of the type of personal information held by JPSM, including a general account of its use; and (d) a description of what personal information is made available to related organizations (e.g. subsidiaries). PRINCIPLE 9 - INDIVIDUAL ACCESS TO PERSONAL INFORMATION Upon request, JPSM shall inform a respondent of the existence, use, and disclosure of his or her personal information and shall give the respondent access to that information. A respondent shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate. Upon written request to the Privacy Officer, JPSM will inform a respondent of the existence, use and disclosure of his/her personal information and shall be given access to that information. In certain situations, JPSM may not be able to provide access to all the personal information that it holds about a respondent. For example, JPSM may not provide access to information if doing so would likely reveal personal information about a third party or could reasonably be expected to threaten the life or security of another individual and/or respondent. Also, JPSM may not provide access to information if disclosure would reveal confidential commercial information. In order to safeguard personal information, a respondent may be required to provide sufficient identification information to permit JPSM to account for the existence, use and disclosure of personal information and to authorize access to the respondent's file. Any such information shall be used only for this purpose. JPSM shall promptly correct or complete any personal information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness shall be noted in the respondent's file. Where appropriate, JPSM shall transmit to third parties having access to the personal information in question any amended information or the existence of any unresolved differences. Respondents can obtain information or seek access to their individual files by contacting the JPSM Privacy Officer. PRINCIPLE 10 - CHALLENGING COMPLIANCE A respondent shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for JPSM's compliance with the Privacy Policy. JPSM shall maintain procedures for addressing and responding to all inquiries or complaints from its respondents regarding JPSM's handling of personal information. JPSM shall, on written request, inform its respondents about the existence of these procedures as well as the availability of complaint procedures. The person or persons accountable for compliance with the Privacy Policy may seek external advice where appropriate before providing a final response to individual complaints. JPSM shall investigate all complaints concerning compliance with its Privacy Policy. If a complaint is found to be justified, JPSM shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. The respondent shall be informed of the outcome of the investigation regarding his or her complaint. ADDITIONAL INFORMATION For more information regarding the Privacy Policy, please contact the JPSM Privacy Officer by e-mail at privacy@jpattonondemand.com or by mail at: J. Patton Sports Marketing, Inc. 3450 Rivergreen Court Duluth, GA 30096 Attention: Privacy Officer From time to time, JPSM may update this Privacy Policy. We will notify respondent about material changes in the way we treat personal information by placing a notice on the Website. We encourage each respondent to periodically check back and review this Privacy Policy so that you always will know what information we collect, how we use it, and to whom we disclose it. |