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Privacy and Cookie Policy Statement for Regatta Network

  1. Introduction

    1. We are committed to safeguarding the privacy of our website visitors and service users.   Regatta Network complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Regatta Network has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

      With respect to Personal Information received or transferred pursuant to the Privacy Shield Framework, Regatta Network, Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Regatta Network may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. Please see section 9.11 for more information.
    2. This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
    3. We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website.
    4. In this policy, "we", "us" and "our" refer to Regatta Network, Inc.. For more information about us, see Section 18.
    1. How we use your personal data

    2. In this Section 2 we have set out:
      1. the general categories of personal data that we may process;
      2. the purposes for which we may process personal data; and
      3. the legal bases of the processing.
    3. We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
    4. We may process your personal data that are provided in the course of the use of our services to register for your chosen events ("service data"). The service data may include your name, address, telephone number, cell phone number, email address, profile pictures, gender, date of birth, or other information as reqested by event hosts. The source of the service data is your input. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
    5. We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
    6. We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is to provide support for your use of our system.
    7. We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the payment for goods or services you have chosen or registration fees for the events you have selected..
    8. We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications regarding the events you have selected. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
    9. We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication, your name and email address. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
    10. We may process other data as requested by the host of the events you have chosen. This data may include sailing resume, results history, travel plans, health or medical information. The source of this data is information provided by you during registration. This data may be processed for the purpose of providing access to the events you have chosen, or to ensure your safety during these events. The legal basis for this processing is our legitimate interests, namely providing the information required by the host of events you have chosen. .
    11. We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
    12. We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
    13. In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
    14. Please do not supply any other person's personal data to us, unless we prompt you to do so.
    1. Automated decision-making

    2. We will use your personal data for the purposes of automated decision-making in relation to classification of your registration based on age, gender or World Sailing classification .
    3. This automated decision-making will involve applying the relevant classification based upon the rules for the class in which you have registered.
    4. The significance and possible consequences of this automated decision-making are to ensure that you are competing in the correct age or skill based group.
    1. Providing your personal data to others

    2. We may disclose your personal data to the hosts of the events in which you register, any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
    3. Financial transactions relating to our website and services are handled by our payment services providers, PayPal, Inc. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
    4. We may disclose your enquiry data to one or more of those selected third party suppliers of goods and services identified on our website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party's use of your personal data.

      In the context of an onward transfer, a Privacy Shield organization has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. The Privacy Shield organization shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless the organization proves that it is not responsible for the event giving rise to the damage.
    5. In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
    1. International transfers of your personal data

    2. In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
    3. We and our other group companies have offices and facilities in the United States of America. Transfers to this country will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from Privacy Shield .
    4. The hosting facilities for our website are situated in the United States of America. Transfers to these facilities in the USA will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from Privacy Shield.
    5. You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
    1. Retaining and deleting personal data

    2. This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
    3. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
    4. We will retain your personal data as follows:
      1. Your address, telephone, cell phone, and date of birth will be retained for a minimum period of 30 days following end date of the events for which you have registered, and for a maximum period of 12 months following expiration date of any class or club membership which you have joined; and
      2. Your name, sail number, class, and yacht club name will be retained for a minimum period of 7 years following end date of the events for which you have registered as necessary for published results.
    5. In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
      1. the period of retention of your personal data will be determined based on your class, event host, or your sailing national governing body.
    6. Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
    1. Security of personal data

    2. We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.
    3. We will store all your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.
    4. Data relating to your enquiries and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology.
    5. You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
    6. You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our website confidential and we will not ask you for your password (except when you log in to our website).
    1. Amendments

    2. We may update this policy from time to time by publishing a new version on our website.
    3. You should check this page occasionally to ensure you are happy with any changes to this policy.
    4. We may notify you of changes to this policy by email or through the private messaging system on our website.
    1. Your rights

    2. In this Section 9, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
    3. Your principal rights under data protection law are:
      1. the right to access;
      2. the right to rectification;
      3. the right to erasure;
      4. the right to restrict processing;
      5. the right to object to processing;
      6. the right to data portability;
      7. the right to complain to a supervisory authority; and
      8. the right to withdraw consent.
    4. You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your registration data
      by visiting https://www.regattanetwork.com/clubmgmt/applet_registration_lookup.php on our website.
    5. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
    6. In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
    7. In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
    8. You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
    9. You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
    10. You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
    11. To the extent that the legal basis for our processing of your personal data is:
      1. consent; or
      2. that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
      and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
    12. If you wish to object to the processing of your data for any reason, you may opt out by emailing optout@regattanetwork.com  

      If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. In compliance with the Privacy Shield Principles, Regatta Network commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Kenneth Taylor at:
      By email:  privacy@regattanetwork.com
      By telephone: 1-866-987-2638 or 1-512-392-9091
      Or by post:  Regatta Network, Inc., PO Box 1853, San Marcos, Texas USA 78667-1853
      Regatta Network, Inc. has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the [United States]. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you.
       
    13. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
    14. You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 9.
    1. Third party websites

    2. Our website includes hyperlinks to, and details of, third party websites.
    3. We have no control over, and are not responsible for, the privacy policies and practices of third parties.
    1. Personal data of children

    2. Our website and services are targeted at persons over the age of 16.  Registration for individuals under that age to participate in events on Regatta Network should be completed only by the individuals parent or legal guardian.
    3. If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
    1. Updating information

    2. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA 
    3. Right to Access. Individual Customers have the right to know what Personal Data about them is included in the databases and to ensure that such Personal Data is accurate and relevant for the purposes for which Regatta Network collected it. Individual Customers may review their own Personal Data stored in the databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and Regatta Network policies. Upon reasonable request and as required by the Privacy Shield principles, Regatta Network allows Individual Customers access to their Personal Data, in order to correct or amend such data where inaccurate. Individual Customers may edit their Personal Data by using the link in the email provided upon registration for an event or by contacting Regatta Network by phone or email. In making modifications to their Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data, Individual Customers should submit a written request to the Regatta Network office. 
    4. Requests for Personal Data. Regatta Network will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from the Data Subject. If Regatta Network receives a request for access to his/her Personal Data from an Individual Customer, then, unless otherwise required under law or by contract with such Individual Customer, Regatta Network will refer such request to the Individual Customer. 
    5. Satisfying Requests for Access, Modifications, and Corrections. Regatta Network will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data. 
    1. Acting as a data processor

    2. In respect of event registration and class or club memberships processed through our system, we do not act as a data controller; instead, we act as a data processor.
    3. Insofar as we act as a data processor rather than a data controller, this policy shall not apply. Our legal obligations as a data processor are instead set out in the contract between us and the relevant data controller.
    1. About cookies

    2. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
    3. Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
    4. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
    1. Cookies that we use

    2. We use cookies for the following purposes:
      1. shopping cart - we use cookies to maintain the state of your shopping cart as you navigate our website (cookies used for this purpose are: PHPSESSID);
      2. personalisation - we use cookies to store information about your preferences and to personalise our website for you;
      3. security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;
      4. advertising - we use cookies to help us to display advertisements that will be relevant to you (cookies used for this purpose are: __gads);
      5. analysis - we use cookies to help us to analyse the use and performance of our website and services (cookies used for this purpose are: WT_FPC -- WebTrends, __qca -- Quantcast); and
      6. cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally (cookies used for this purpose are: inform_about_cookie_use).
    1. Cookies used by our service providers

    2. Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
    3. We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://www.google.com/policies/privacy/. The relevant cookies are: __utm__utma, __utmc, __utmz, __ga.
    4. We publish Google AdSense advertisements on our website. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies. This behaviour tracking allows Google to tailor the advertisements that you see on other websites to reflect your interests (but we do not publish interest-based advertisements on our website). You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com. You can also opt out of the AdSense partner network cookie using those settings or using the Network Advertising Initiative's multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-ins available at: https://support.google.com/ads/answer/7395996. The relevant cookies are: __gads.
    1. Managing cookies

    2. Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
      1. https://support.google.com/chrome/answer/95647?hl=en (Chrome);
      2. https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
      3. http://www.opera.com/help/tutorials/security/cookies/ (Opera);
      4. https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
      5. https://support.apple.com/kb/PH21411 (Safari); and
      6. https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
    3. Blocking all cookies will have a negative impact upon the usability of many websites.
    4. If you block cookies, you will not be able to use all the features on our website.
    1. Our details

    2. This website is owned and operated by Regatta Network, Inc.
      .
    3. We are registered in the state of Texas, USA under registration number 800756736, and our registered office is at 621 Lazy Lane, San Marcos, Texas 78666
      .
    4. Our principal place of business is at San Marcos, Texas
      .
    5. You can contact us:
      1. by post to: PO Box 1853, San Marcos, Texas USA 78667-1853
      2. by telephone: 1-512-392-9091 or the contact numbers published on our website from time to time; or
      3. by email, info@regattanetwork.com or using the addresses published on our website from time to time.
    1. Data protection officer

    2. Our data protection officer's contact details are: Kenneth Taylor, privacy@regattanetwork.com.
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