Privacy Policy (updated 11/29/11)
This website, located at
www.monsterjam.com(the "Site"), is owned and operated by Feld Motor Sports, Inc. ("FEI"
"we," "us"). Your privacy is important to us. This Privacy Policy (the "Privacy
Policy") outlines the types of Personally Identifiable Information (as defined
below) that we gather while you are visiting the Site, as well as ways in which
we process and disseminate such Personally Identifiable Information. This
Privacy Policy does not pertain to information collected on any other site owned
by FEI, its subsidiaries or other businesses, nor does it extend to the privacy
practices (or lack thereof) of third parties. We cannot and do not assume
responsibility for the policies, practices and actions of such third parties.
You are, of course, free to use much of the Site without providing any
Personally Identifiable Information to us.
We comply with the privacy
laws and regulations of the United States of America and Canada. We make no representation
that this Site is governed by or operated in accordance with the laws of other
nations, or that the Site or any part thereof is appropriate or available for
use in any particular jurisdiction. Those who choose to access the Site do so on
their own initiative and at their own risk, and are responsible for complying
with all local laws, rules and regulations. By using this Site, visitors from
outside of the United States of America acknowledge this Site is subject to the
laws and regulations of the United States of America, and waive any claims that
may arise under their own national laws.
We reserve the right to change,
modify, add, or remove provisions of this Privacy Policy. Any changes to this
Privacy Policy will be posted here, and we encourage you to check back from time
to time to ensure continuing familiarity with the most current version of our
Privacy Policy. You can determine whether the Privacy Policy has been revised
since your previous visit to the Site by referring to the "Last Updated" legend
at the top of this page. Please read this Privacy Policy carefully. Your use of
this Site constitutes your acceptance to be bound by this Privacy Policy without
limitation, qualification or change. If at any time you do not accept all the
terms and conditions contained herein, you must immediately discontinue use of
this Site.
1. What Information We Collect
FEI
gathers two basic types of information through the Site: "Personally
Identifiable Information" (or "PII") and "Non-Personally Identifiable
Information" (or "Non-PII"). PII is information that identifies or can identify
you as an individual (such as residential address, telephone number, or billing
information) and Non-PII is aggregated information, demographic information, IP
addresses and any other information that does not reveal your specific
identity.
a. Non-Personally Identifiable Information - When you visit and
interact with the Site, FEI and third parties with whom we have contracted to
provide services to us may collect Non-PII (for example, a catalog of the Site
pages you visit). Non-PII is anonymous and does not identify you personally.
Non-PII is generally collected through the Site from four different sources:
Internet protocol addresses and web logs; cookies; pixel tags and other similar
technologies; and other Non-PII that you voluntarily provide (as explained
below).
i. IP Protocol Addresses and Web Logs - This Site's web servers
automatically collect the Internet Protocol (IP) addresses and log files of
visitors. Your IP address is an identifying number that is automatically
assigned to your computer by your Internet Service Provider (ISP). This number
is identified and logged automatically in our server log files whenever you
visit the Site, along with the time(s) of your visit(s) and the page(s) that you
visited. This information is collected in an aggregate form only and does not
contain any PII. We use your IP address, and the IP addresses of all users, for
purposes such as calculating Site usage levels, helping diagnose problems with
the Site's servers, and administering the Site. Collecting IP addresses is
standard practice on the Internet and is done automatically by many websites.
ii. Cookies - We and our service providers may use a standard technology
called a "cookie" to collect information about how you use the Site. Cookies
reside on your computer and help the Site recognize your computer's browser as a
previous visitor. In addition, on occasion our Site may also set a "session
cookie" which helps us administer the Site. The session cookie expires when you
close your browser and does not retain any information about you after it
expires. If you do not want information collected through the use of cookies,
you should be able to modify your browser preference to provide you with choices
relating to cookies. For example, if you use a standard browser, you should have
the choice to accept all cookies, to be notified when a cookie is set or to
reject all cookies. If you choose to reject cookies, you may be unable to use
certain Site services (e.g., those services that require you to log on to the
Site in order to participate). For more information on modifying your browser
preference, please refer to the documentation accompanying your browser.
iii. Pixel Tags - We and our service providers may also use so-called
"pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel
Tags") in connection with some Site pages and HTML-formatted email messages to,
among other things, compile aggregate statistics about Site usage and response
rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is
ordinarily not visible to Site visitors and may be associated with cookies on
the visitors' hard drives. Pixel Tags do not contain any PII and allow us to
count users who have visited certain pages of the Site, to deliver branded
services, and to help determine the effectiveness of promotional or advertising
campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the
sender whether and when an email has been opened.
iv. Information You
Voluntarily Provide - We may also collect certain information (e.g., your
geographic location, your genre preferences etc.) when you voluntarily provide
such information to us. When such information is not combined with any PII, such
information is considered to be Non-PII, as it does not personally identify you
or any other user. Additionally, we may aggregate PII in a manner such that the
end-product does not personally identify you or any other user of the Site, for
example, by using PII to calculate the percentage of our users who have a
particular telephone area code. Such aggregate information is considered Non-PII
for purposes of this Policy.
b. Personally Identifiable Information -
You may use many features of this Site without providing any PII. However, in
order to take advantage of particular opportunities made available through the
Site (for example, to access additional services provided by this Site such as
concert updates, chat room forums and/or personalized content, contests or promotions) we may require
that you furnish PII to us such as: your name, postal address, telephone number,
fax number email address, age, gender, credit card number or other payment
account number and health-related information (for example, physically disabled
seating requests). Please keep in mind that you may also be providing PII when
you submit comments through chat rooms, forums, message boards or news groups,
although we do not collect or use PII from these sources. We collect PII from
you through the Site only when you voluntarily provide it. When you provide PII, the information may be sent to and stored on servers located in Canada, the United States of America or elsewhere
2.
How Information We Collect Is Used
a. Non-Personally Identifiable
Information - Because Non-PII does not personally identify you, we may use such
information for any purpose. For example, we may use Non-PII to measure the
number of visits, average time spent on the Site and pages viewed as well as to
diagnose problems with our servers and to administer the Site. We may then use
this information to analyze and improve the features and functionality of this
Site. We may use non-PII information about you and other Site visitors on an
aggregate basis to sell and deliver advertising, promotions and content that we
believe will be of interest to you.
In addition, we reserve the right to
share such Non-PII, which does not personally identify you, with third parties,
for any purpose. For example, we may share information with advertisers or other
third parties that are not part of the FEI family on an aggregate or other basis
that does not disclose any of your PII.
In some instances, we may
combine Non-PII with PII (such as embedding email addresses in cookies). If we
do combine any Non-PII with PII, the combined information will be treated as PII
as long as it is so combined. This "combined" PII is not shared with third
parties, except as described in this Policy.
b. Personally Identifiable
Information
i. Site: We may use PII you give us to better tailor your
website experience to your interests, and to show you content in which you may
be interested and to display the content according to your preferences. We may
also share your PII within the FEI business family in order to enhance your
experience on other FEI websites. To the extent we do so, we make sure that your
PII receives the same level of protection throughout the FEI business family.
Please note that such sharing may involve the collection use, storage, or
disclosure of PII outside the United States of America and Canada.
ii.
Communications: If you choose to opt-in, we may use your PII to send you
information about FEI and its services as well as promotional material on behalf
of some of our affiliates, vendors or advertisers. If at any time you change
your mind and prefer to no longer receive such marketing communications from us,
please see the "Opt-In Policy" section below.
iii. Administrative
Matters: FEI reserves the right to contact you in the event of a change in the
Site's Terms of Use and/or this Privacy Policy, or to notify you of other
administrative matters in connection with the Site (e.g., contacting you to
facilitate, complete or confirm a transaction). Because this information may be
important to your use of the Site, you may not opt-out of receiving such
communications.
iv. Fulfillment of Requests: FEI may use your PII to
fulfill the purpose for which such PII was provided (e.g., to confirm your
registration or fulfill your purchase).
v. Facilitation of Transactions:
Please note that, at times, forms on the Site may be pre-populated with your PII
in order to facilitate a transaction between you and FEI.
vi. Internal
Business Purposes: We may also use your PII for our internal business purposes,
such as to target advertising, for data analysis, for audits and for other
internal purposes.
vii. Shopping/Commercial Services: This Site may offer
merchandise and/or ticket purchase services, which may be offered by us or by
one of our e-commerce vendors. To the extent the merchandise and/or ticket
purchase services are offered by one of our e-commerce vendors, such e-commerce
vendors will be collecting and using the PII you provide. For more information
regarding your transactions with our e-commerce vendors, please refer to Section
4(b) below.
To the extent FEI is the entity offering the purchase
services, when you make a purchase through the Site, we may collect your credit
card number or other payment account number (for example, your PayPal account
number), billing address and other information related to such purchase
(collectively, "Payment Information") from you. We will use the Payment
Information that you provide to bill you for your purchase and to fulfill your
purchase. By providing your Payment Information, you are authorizing us to give
that information to third parties as necessary to confirm and fulfill your order
(for example, to process your credit card or payment account number and to send
you products you have ordered).
viii. Email This to a Friend: The Site
may allow you to forward certain items posted on Site or links to Site features
by email or Instant Messenger to other parties who you believe may be
interested. If you wish to use this feature, you may provide us with such other
party's email address or Instant Messenger screen name so that we can facilitate
your sending of such message to such other party. To do so, any PII you provide
in connection with sending such other party the message, such as your name and
your email address or Instant Messenger screen name, will, of course, be
disclosed to such other party. While, due to technical restrictions, the
recipient's email address or Instant Messenger screen names may be retained in
our log files, we do not knowingly share it with third parties and we do not use
this PII for any purpose except to send this message (unless the recipient has
already consented to such use of his/her PII).
ix. Online
Surveys/Sweepstakes and Contests: From time to time, we conduct online surveys
and offer online sweepstakes or contests on the Site (each, a "Promotion"), and
we may collect PII in connection with the same. The Promotion may be conducted by us or a third party service provider with whom we contract. We may use your PII to contact
you regarding your Promotion entry, or to contact you if you win a Promotion (if
applicable). You should carefully review the rules, if any, of each Promotion in
which you participate through the Site, as they may contain additional important
information about FEI's use of your PII. To the extent such rules conflict with
this Privacy Policy, such rules will govern that particular Promotion.
3. How Personally Identifiable Information We Collect Is
Disclosed
a. Affiliate Communications: If you choose to opt-in, we
may share your PII with our affiliates, including FEI owned, operated or managed
venues where FEI produced events occur and promoters or sponsors of FEI events,
so that our affiliates may send you announcements and notifications of events,
products or services that might be of interest to you. For further information,
please see the "Opt-In Policy" section below.
b. Third Party
Communications: If you choose to opt-in, we may also share your PII with third
parties to allow such third parties to send promotional communications to you.
For further information, please see the "Opt-In Policy" section below.
c. FEI Service Providers: We work with third parties who provide
services including but not limited to data analysis, order fulfillment, credit
card processing and other services of an administrative nature. If you use our
services, we reserve the right to share your PII with such third parties for the
purpose of enabling these third parties to provide such services. We take
reasonable steps to ensure these third parties treat PII in a manner comparable
to how we do so.
d. Public Forums and Other Interactive Features: Please
be aware that when you disclose PII in a chat room, forum, message board or news
groups on the Site, the information may become public and accessible to all or a
part of the Site community, so it is important for you to exercise discretion
and appropriate caution when deciding to reveal PII in these areas. In addition,
when you choose to make a posting on such services, certain PII may be available
for other users to view. We urge you to exercise discretion and caution when
deciding to disclose your PII, or any other information, on the Site. WE ARE NOT
RESPONSIBLE FOR THE USE OF ANY PII YOU VOLUNTARILY DISCLOSE THROUGH THE SITE VIA
THESE FORUMS AND OTHER INTERACTIVE FEATURES. Please note that we reserve the
right, but have no obligation, to republish content posted in a chat room,
forum, message board or news group (including any PII contained therein) as
further set forth in our Terms of Use Agreement.
In the event that you
encounter any Site user who you believe is improperly collecting or using
information about you or other users, please visit our Help Page to send us an
email about such collection or use.
e. Online Surveys/Sweepstakes and
Contests: We reserve the right to share PII collected in connection with
Promotions with the third-party sponsors of any such Promotions (irrespective of
whether such Promotions are hosted by us), or otherwise in accordance with the
rules applicable to such Promotion. You should carefully review the rules, if
any, of each Promotion in which you participate through the Site, as they may
contain additional important information about a sponsor's or other third
parties' use of your PII. To the extent such rules conflict with this Privacy
Policy, such rules will govern that particular Promotion.
f. Compliance
With Applicable Law: FEI may also access and disclose PII as needed to: (1)
comply with applicable laws; (2) respond to governmental inquiries or requests;
(3) comply with valid legal process; (4) protect the rights, privacy, safety or
property of FEI, Site visitors or the public; (5) permit us to pursue available
remedies or limit the damages that we may sustain; and (6) enforce our Terms of
Use or other published guidelines.
g. Assignment: We reserve the right to
transfer any and all information that we collect from users of the Site to a
third party in the event of any reorganization, merger, sale, joint venture,
assignment, transfer or other disposition of all or any portion of FEI's
business, assets or stock (including without limitation in connection with any
bankruptcy or similar proceedings).
4. Collection of Information
By Third Parties
a. Co-Branded Pages - We may enter into
relationships with "powered by" third-party vendors, advertisers, sponsors, and
co-branded sites (referred to here as "co-branded pages"). These might include,
for example, pages that share our name and that of another entity. You should
look for a specific privacy policy on any such co-branded page. Any PII that you
provide when signing up at any co-branded page may be collected by, or shared
with, such third party. We have no control over, and are not responsible for,
the third party?s use of your PII. You should check the websites for each such
third party for information regarding their privacy policies.
b.
Transactions With E-Commerce Vendors and Advertisers - When you provide PII to
one of our Site's e-commerce vendors or advertisers, this transaction will occur
in connection with the site of the e-commerce vendor or advertiser, not on the
Site, and, as such, the PII you provide is collected pursuant to and controlled
by the privacy policy of such e-commerce vendor or advertiser. FEI is not
responsible for such parties' privacy policies and we encourage you to
familiarize yourself with the applicable privacy policy of the e-commerce site
with which you transact business or to contact the operator of such site for
more information.
Please be aware that at times, at the request of or on
behalf of our e-commerce vendors or advertisers, FEI may "pre-populate" forms
with your PII for your review, and, if you so choose, for submission to such
e-commerce vendors or advertisers. Accordingly, we encourage you to review each
pre-populated form carefully before agreeing to submit your PII to determine who
is seeking to collect your information, and to familiarize yourself with the
applicable privacy policy governing use of any PII collected about you.
c. Job Postings - If you choose to respond to a job posting on the Site,
you may be directed to a third-party site (for example, a third-party site
specializing in job postings, such as Monster.com). Any PII you provide will be
collected by such third party. We have no control over, and are not responsible
or liable for, such third party's use of your PII. Please consult such third
party's privacy policy for information regarding their privacy practices.
The third party collecting your PII will share such PII with FEI so that FEI
can review your information and, if applicable, respond to your query or job
application. Please note that FEI has no obligation to respond to all queries or
job applications submitted. Any PII that FEI receives from such third party will
be treated in accordance with this Privacy Policy.
d. Third Party
Advertising - The ads appearing on this Site are delivered to you by third-party
advertisers. Non-PII about your visits to this Site, such as number of times you
have viewed an ad, is used to serve ads to you. In the course of serving
advertisements to this Site, our third-party advertisers may place or recognize
a unique cookie on your browser.
e. Third Party Links - The Site may
contain links to third-party Internet websites, which are not owned or operated
by FEI. We provide such links only as a convenience, and the inclusion of a link
on the Site does not imply endorsement of the linked site by FEI. If you provide
any PII through any such third-party website, your transaction will occur on
such third party's website (not the Site) and the PII you provide will be
collected by, and controlled by the privacy policy of, that third party. We are
not responsible for the privacy practices or the content of such third-party
websites, including such websites' use of any PII that you provide to them. We
strongly encourage you to become familiar with the privacy practices of those
sites.
PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE
PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.
5. Opt-In Policy
a. FEI Communications
- When you supply FEI with PII, from time-to-time, in FEI's discretion, you may
be asked to indicate whether you are interested in receiving information from us
about special offers in connection with the Site, FEI, our affiliates, vendors
or advertisers. If you do choose to opt-in to receive such communications, we
may, from time to time, send you marketing communications. If at any time you
change your mind and no longer wish to receive marketing communications from us,
you may opt-out of such marketing communications by either:
"Using the
link provided in our newsletters or commercial email messages to opt-out of
receiving further marketing communications from us?; or
"Changing your
contact preference to "Do Not Contact Me" at any time by using the "Ask a
Question" tab on our Help Page.
If you decide to contact us to change
your contact preference to "Do Not Contact Me", FEI will implement this change
in a reasonable time frame. Please be aware that your requested change will not
be effective until FEI implements such change, and such requests will be
implemented only in connection with your Site profile, and will not impact any
preferences you may have made to any other site controlled, owned or operated by
FEI or its affiliates.
b. Affiliate and Third Party Communications - From
time-to-time in FEI's discretion, you may be provided with the opportunity to
opt-in to receive offers directly from FEI, our affiliates and/or from third
parties. If you do choose to accept any such offer(s), any PII provided to FEI
for such purposes may be shared with our affiliates and such third-parties, to
allow our affiliates and/or such third parties to provide you with such offers.
If you change your mind and would prefer that we no longer share your PII with
our affiliates and/or with third parties for their marketing purposes, you may
opt-out of such future sharing at any time by using the "Ask a Question" tab on
our Help Page, and specifying which choice you are opting out from, provided
however, you may not be able to opt out of certain third party offers that are
displayed on our Site.
c. Allowing FEI to share PII with affiliates for
their marketing purposes and/or Allowing FEI to share PII with third-party
companies for their marketing purposes - Please note that if you opt-out as
described above, (i) we will not be able to remove your PII from the databases
of affiliates or third parties with which we have already shared your PII (i.e.,
to which we have already provided your PII as of the date that we implement your
opt-out request), therefore you must contact such affiliates or third parties
directly in order to opt-out of further marketing communications made directly
from them or utilize the opt-out mechanisms set forth in their respective
privacy policies or marketing messages; and (ii) you may still be presented new
offers from FEI and/or its affiliates or third parties while you are within the
Site, including offers from those third parties which you have opted-out of
receiving direct offers; but in connection with each new offer within the Site
you will have the right not to accept such offers. In the event you receive an
offer from a third party through our Site, but choose not to accept it, your PII
will not be shared.
6. Use of This Site by Children -
The Site is not directed to individuals under the age of thirteen (13), and we
request that such individuals do not provide PII through the Site. If a parent
or guardian becomes aware that his or her child has provided us with personally
identifiable information without the parent or guardian's consent by, for
example, misrepresenting his or her age, that parent or guardian should contact
us at motorsports@feldinc.com. If
FEI determines that it has collected personal information of children under the
age of 13, FEI will immediately delete such information and any accounts
believed to be held by children under 13. Please see our Terms of Use for
additional information regarding the use of this Site by
minors.
7. Accessing, Updating or Deleting Information Collected
About You - This Site also gives you the opportunity to modify or
remove PII that you have provided to us by way of this Site. You may do so by
modifying your password-protected registered user information on the Site. To
the extent that such information is stored in our databases, we will respond to
your changes as soon as reasonably possible, although please understand that
although this information, once deleted, is not available on the Site, that
information may remain stored indefinitely in our backup and archival records.
To the extent that such information is not stored in our databases, we cannot
always ensure that these corrections or deletions will reach such other
databases in a timely manner. FEI retains PII for as long as reasonably necessary to deliver the products or services for which the PII was provided.
8. Security of Your PII -
PII collected by FEI is stored on servers located in Canada, the United States of America and elsewhere. FEI employs reasonable security measures consistent with standard industry
practice, for PII collected through this Site, including physical, electronic
and operational measures to maintain security and prevent unauthorized access.
While FEI takes all appropriate steps to safeguard PII under our control,
unfortunately, no data transmission over the Internet or method of storing data
can be guaranteed to be 100% secure. As such, we cannot guarantee that PII
supplied by users will not be accessed on our servers, or intercepted while
being transmitted to us over the Internet. We assume no liability for any
damages you may suffer as a result of interception, alteration or misuse of
information during such transfers. If you have reason to believe that there has
been any breach of the security of the Site, please contact us at motorsports@feldinc.com.
Please remember that security of the username and password you create
when you register with the Site is your responsibility; we recommend that you do
not share them with anyone. If you share your username and password, you are
providing access to your PII. You will be responsible for all uses of your
registration, whether or not authorized by you. You agree to immediately notify
FEI of any unauthorized use of your username or password.
9.
Offline vs. Online practices - Please note that this Privacy Policy
applies solely to our online information gathering and dissemination practices
in connection with the Site, and does not apply to any of our practices
conducted offline.
10. Contacting FEI Regarding this
Site - If you have any questions concerning this Policy, you may send
them by email to our Privacy Officer at motorsports@feldinc.com.
Please note that email communications will not necessarily be secure;
accordingly you should not include credit card information or other sensitive
information in your email correspondence with us. You must send any official
correspondence via postal mail to:
Feld Entertainment, Inc.
8607
Westwood Center Drive
Vienna, VA 22182
Attention: General Counsel
11. Access to Your PII - We appreciate your assistance in
keeping your PII up to date and accurate. You are entitled to access, verify,
amend and/or correct your PII collected by FEI. You are encouraged to contact
our Privacy Officer at motorsports@feldinc.com, or
the above postal address to verify, correct or update your PII. If you have a
concern regarding the collection, use or disclosure of your PII by FEI, please
contact our Privacy Officer. Your concern will be investigated and you will be
notified as soon as possible of the outcome of the investigation and any action
required as a result.