Privacy Policy

Last Revised: October 17, 2020

Welcome tothe TCS New York City Marathon app.  We 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.”

1. Purpose of this Privacy Policy

This Privacy Policy (“Policy”) governs our privacy practices with respect to our website located at www.nyrr.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”). 

By using our Services, you are agreeing to this Policy and to allow us to collect, use, store, and transfer your information as described in this Policy.  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 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.nyrr.org/terms-of-use.

If you have any questions about our privacy practices, please contact us as set forth in the section entitled “Contact Us” below.

2. What Information is Collected

The information we collect includes personal data, which is information relating to an identified or identifiable natural person. We also collect information that does not identify you (including information that has been de-identified). Some examples of information we collect include the following:

3. How your Information is Collected

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, respond to our surveys, enter promotions, or otherwise communicate or transact with us through the Services.

B.        Information Collected Automatically.

We automatically collect information about you when you access or use the Services (including when you interact with our website, e-mails, or advertisements). We use various technologies now and hereafter developed to collect this information including the following:

 

 

 

 

 

 

For further information on tracking technologies and your rights and choices regarding them, please see Section 6 below.

C.        Information from Events.

We may combine information collected through your participation in NYRR’s races, classes, expos, or other events (“Events”) with information we have collected about you through the Services.  To the extent we combine Event information with information we have collected about you on the Services, we will treat the combined information in accordance with the practices described under this Policy.

D.        Information from Other Sources.

We may obtain information about you from other sources.  To the extent we combine such third party sourced information with information we have collected about you on the Services, we will treat the combined information in accordance with the practices described under this Policy, plus any additional restrictions imposed by the source of the data.  These third party sources vary over time, but have included:

 

 

 

We are not responsible for the accuracy of any information provided by third parties or third party policies or practices.

4.     How We Use Your Information

We may use information about you, including your personal data, for any purpose consistent with our statements under this Policy and applicable law, including to:

We may use information that does not identify you (including information that has been de-identified) without obligation to you except as prohibited by applicable law. For information on your rights and choices regarding how we use your information, please see the section entitled “Your Rights and Choices” below.

5.     How We Share Your Information

We may share your information, including personal data, for any purposes consistent with our statements in this Policy and applicable law, including under the following circumstances:

 

 

 

 

 

 

Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you (or de-identified information about you) with third parties or affiliates for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we share your information, please see the section entitled “Your Rights and Choices” below.

6. Third Parties

A.     External Links and Services.

NYRR’s Services may contain content from and links to other web sites and services owned and operated by third parties, 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 services. These third parties may use tracking to independently collect information about you and may solicit information from you.

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

B.     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, both we and the applicable third party may have access to and use information associated with your use, and you should carefully review the third party’s privacy policy and terms of use. 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.

C.     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) 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 serve ads on and through third party services, such as Facebook and Google, that are targeted to reach people (or people similar to people) who have visited our Services or are identified in one or more of our databases (“Matched Ads”). This is done by us uploading a customer list to the third party service or incorporating a pixel from the third party service on our Services, and the third party service matching common factors between our data and their data. To opt-out of receiving Matched Ads, please contact the applicable third party service. If we use Facebook Custom Audiences to serve Matched Ads on Facebook services, you should be able to hover over the box in the right corner of such Facebook ads and find out how to opt-out. We are not responsible for such third party service’s failure to comply with your opt-out instructions.

For further information on tracking technologies and your rights and choices regarding them, please see the sections entitled “Information Collected Automatically” above and “Your Rights and Choices” below.

7.     Your Rights and Choices

A.     How You Can Update or Correct Your Account Information.

You can send a message to sitefeedback@nyrr.org 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.

B.     Tracking Technology Choices.

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. Your ability to limit cookies is subject to your browser settings and limitations.

You can stop all collection of information via our mobile applications by uninstalling them. Also, you may be able to exercise specific privacy choices on your mobile devices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device.

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.

C.    Analytics and Interest-Based Advertising.

You can opt-out of your data being used by Google Analytics through cookies by going to https://tools.google.com/dlpage/gaoptout and downloading the Google Analytics Opt-out Browser Add-on.

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 for information on the DAA’s opt-out program for websites, 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.

D.     Communications.

 

E.     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 mynyrr@nyrr.org 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.

F.    Your European Privacy Rights.

Data subjects located in Europe have additional rights set forth in the “Additional Disclosures for Data Subjects in Europe” section.

8.  Children

Our Services are directed to a general audience comprised primarily of adult users.  Therefore, for most parts of the Services, we do not knowingly collect personal information from children as defined by the U.S. Children’s Privacy Protection Act (“COPPA”). To the extent that a child 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, and other applicable laws.

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 sitefeedback@nyrr.org.

9.     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. Information that you make public, such as your profile information, will be accessible to others and you are solely responsible for it.

10. Data Retention and Storage

NYRR retains your information, including personal data, for as long as necessary to fulfill the purposes for which the information was collected, unless a longer retention period is required or permitted by law. For example, NYRR retains your information for business purposes, for as long as your account is active, and/or as long as is reasonably necessary to provide you with our products and services. NYRR will also retain your information as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We may also retain cached or archived copies of your information for a reasonable period of time.

11.  International Transfer

We are based in the U.S. and the information we 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. and other jurisdictions.  Data protection laws in the U.S. and other jurisdictions 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 personal data, in the U.S. as set forth in this Policy.  If your data is collected in Europe, we will transfer your personal data subject to appropriate safeguards, such as standard contractual clauses.

12. 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.

13.  Privacy Policy Changes

We reserve the right to revise this Policy at any time, and you should review this Policy carefully. 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. 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.

14.  Contact Us

If you have any questions or concerns regarding the Services, this Policy, our data practices, or our compliance with applicable law, please contact via email or mail at the addresses below:

Email:  sitefeedback@nyrr.org

Address: 156 West 56th Street, New York, NY 10019

15. Additional Disclosures for Data Subjects in Europe

A.   Data Controller.

Data protection laws in Europe make a distinction between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”).

NYRR generally acts as the controller of your information submitted to NYRR through our Services; however NYRR also in some instances will be engaged by a client for processing services.

B.  Lawful Basis for Processing.

Data protection laws in Europe require a “lawful basis” for processing personal data. Our lawful bases include where: (a) you have given your consent to our processing for a specific purpose, either to us or to our service providers, or partners; (b) processing is necessary for the performance of a contract with you or to comply with a legal obligation; or (c) processing is necessary for the purposes of the legitimate interests pursued by NYRR and fundamental rights do not override these interests.

C.   Your Rights.

If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you through the Services. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through the Services. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.

You may exercise your rights by submitting a written request to us at the address set forth in the “Contact Us” section. We will respond to your request within 30 days. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.

D.   Complaints.

If you would like to submit a complaint about our use of your personal data or response to your requests regarding your personal data, you may contact our Data Protection Officer or submit a complaint to the data protection regulator in your jurisdiction. NYRR would however appreciate the opportunity to address your concerns before you approach a data protection regulator, and would welcome you directing an inquiry first to us at the address set forth in the “Contact Us” section.

16. Augmented Reality

This privacy policy governs your use of the marathon application TCS New York City Virtual Marathon 2020 - Augmented Reality for mobile devices. The Application has an augmented reality feature developed to allow users to click their picture wearing a finisher medal