Last updated: 4.7.21

INTRODUCTION

This Privacy Policy describes how Warnert Racing collects and uses Personal Information about you through the use of our Services, and email, and other electronic communications between you and Warnert Racing.

Warnert Racing., and its Affiliates (“EES”, “We” or “Us”) want you to be familiar with how we collect, use and disclose information. This Privacy Policy (our “Privacy Policy”) describes our practices in connection with information that we collect through:

• Websites operated by us from which you are accessing this Privacy Policy (collectively, the "Websites”);

• Email, telephone, and other electronic messages between you and us; and

• Any visits in person.

This Privacy Policy does not apply to information collected by:

• us offline or through any other means, including on any other website operated by Warnert Racing or any third-party; or

• any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Collectively, we refer to the Websites’ emails and offline business interactions as the “Services.”

If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using this Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see the “UPDATES TO THIS PRIVACY POLICY” Section of this Privacy Policy). Your continued use of our Websites after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual, information that is about you individually but does not identify you, and information about your internet connection, the equipment you use to access our Services, and usage details. The Services collect Personal Information, including:

• Name;

• Postal address (including billing and shipping addresses);

• Telephone number;

• Email address;

• IP address (we may also derive your approximate location from your IP address);

• Account information, such as username and password;

• Payment card data;

• Demographic information and other information provided by you that does not reveal your specific identity; and

• Websites traffic data, location data, logs, referring/exit pages, date and time of your visit to our Services, error information, clickstream data, and other communication data and the resources that you access and use on the Services;

• Information collected through cookies, pixel tags, and other technologies; and

• Information about your Internet connection, the equipment you use to access our Services, and usage details.

If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

COLLECTION OF PERSONAL INFORMATION

We and our service providers collect Personal Information in a variety of ways, including:

• Through the Services.

  • We collect Personal Information on or through the Services, for example, when you sign up to receive updates, special promotions or newsletters from us, register an account to access the Services, visit our stores, attend one of our events, contact customer service, place an order over the phone, or make a purchase.

• Automatically through our Website.

  • Usage and Equipment Information. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, for example, details of your visits to our Website, such as traffic data, location, logs, referring/exit pages, date and time of your visit to our Website, error information, clickstream data, and other communication data and the resources that you access and use on the Website, and information about your computer, mobile device, and Internet connection, specifically your IP address, operating system, and browser type.

  • Location Information. This Website collects real-time information about the location of your device. You can choose whether or not to allow the Website to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the Website may then be inaccessible or not function properly. For more information, see the “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION” Section below.

  • The information we collect automatically may include Personal Information or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to estimate our audience size and usage patterns, store information about your preferences, allowing us to customize our Website according to your individual interests, and recognize you when you return to our Website.

  • The technologies we use for this automatic data collection may include:

    • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. We only place non-essential cookies on your hard drive with your consent. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may be unable to access certain parts of our Websites.

    • Web Beacons. Pages of our Websites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Warnert Racing, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

• Third-Party Use of Cookies and Other Tracking Technologies.

  • Third-Party Cookies. Some content or applications, including advertisements, on our Websites, are served by third parties, including advertisers, ad networks and servers, content providers, application providers, and social media sites. With your consent, these third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you access our Websites. The information they collect may be associated with your Personal Information or they may collect information, including Personal Data, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising and other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should content the responsible provider directly
    

  • Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of our Websites. Google Analytics uses cookies to help our Websites analyze how users use the site. You can find out more about how Google uses data when you visit our Websites by visiting “How Google uses data when you use our partners' sites or apps”, (located at www.google.com/policies/privacy/partners/).

LAWFUL BASIS FOR PROCESSING YOUR PERSONAL INFORMATION

We have a lawful basis for our processing of your Personal Information, including processing for our legitimate interests (when balanced against your rights and freedoms), to fulfill our obligations to you under a contract with you, and required by law, and with your consent.

The processing of your Personal Information is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities (except when an exception applies as described below):

• Consent. By using our Services, you consent to our collection, use, and sharing of your Personal Information as described in this Privacy Policy. If you do not consent to this Privacy Policy, please do not use the Services;

• Legitimate Interests. We will process your Personal Information as necessary for our legitimate interests. Our legitimate interests are balanced against your rights and freedoms and we do not process your Personal Information if your rights and freedoms outweigh our legitimate interests. Our legitimate interests are to: facilitate communication between EES and you; detect and correct bugs and improve our Services; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other financial crime; promote and market our business; check your credit and perform risk assessments; and develop our product and services;

• To Fulfill Our Obligations to You under our Contract. We process your Personal Information in order to fulfill our obligations to you pursuant to our contract with you to deliver our products to you.

• As Required by Law. We may also process your Personal Information when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.

USE OF PERSONAL INFORMATION

We use your Personal Information for various purposes described below, including to:

• provide our Website to you;

• provide products and Services to you;

• provide you with information you request from us;

• enforce our rights arising from contracts;

• notify you about changes; and

• provide you with notices about your account.

We and our service providers use Personal Information that we collect about you or that you provide to us for the following purposes:

• Providing the functionality of the Services and fulfilling your requests.

  • To provide the Services’ functionality to you, such as arranging access to your registered account, and providing you with related customer service.

  • To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments, or complaints.

  • To complete your transactions, verify your information, and provide you with related customer service.

  • To send administrative information to you, such as changes to our terms, conditions, and policies.
    
    We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.

• Providing you with our newsletter and/or other marketing materials.

  • To send you marketing-related emails, with information about our services, new products, and other news about our company.
    
    We will engage in this activity with your consent or where we have a legitimate interest.

• Analyzing Personal Information for business reporting and providing personalized services.

  • To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Services.

  • To better understand your interests and preferences, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.

  • To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.
    
    We will provide personalized services based on our legitimate interests, and with your consent to the extent required by applicable law.

• Allowing you to participate in sweepstakes, contests, or other promotions.

  • We may offer you the opportunity to participate in sweepstakes, contests, or other promotions.

  • Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information. Please read those additional rules before choosing to participate.
    
    We use this information to manage our contractual relationship with you.

• Aggregating and/or anonymizing Personal Information.

  • We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.

• Accomplishing our business purposes.

  • For data analysis, for example, to improve the efficiency of our Services;

  • For audits, to verify that our internal processes function as intended and to address legal, regulatory, or contractual requirements;

  • For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;

  • For developing new products and services;

  • For enhancing, improving, repairing, maintaining, or modifying our current products and services, as well as undertaking quality and safety assurance measures;

  • For identifying usage trends, for example, understanding which parts of our Services are of most interest to users;

  • For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and

  • For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.
    
    We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interest.

DISCLOSURE OF PERSONAL INFORMATION

We do not share, sell, or otherwise disclose your Personal Information for purposes other than those outlined in this Privacy Policy. We disclose your Personal Information to a few third parties, including:

• our affiliates and third-party service providers that we use to support our business;

• to a company we merge, acquire, or that buys us, or in the event of a change in the structure of our company of any form;

• to comply with our legal obligations;

• to affiliates and third parties for their own commercial purposes;

• to enforce our rights; and

• with your consent.

We do not share, sell, or otherwise disclose your Personal Information for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Information:

• To our third-party service providers, contractors, and other third parties to support our business.

  • These can include providers of services such as website hosting, data analysis, payment processing, order fulfillment, information technology, and related infrastructure provision, customer service, email delivery, auditing, and other services. For more information on our third-party payment providers see the “THIRD PARTY PAYMENT SERVICE” Section below.

• To third-party sponsors of sweepstakes, contests, and similar promotions.

• For any other purpose disclosed by us when you provide the information.

• With your consent.

We may also disclose your Personal Information as necessary or appropriate, in particular when we have a legal obligation or legitimate interest to do so:

• To comply with applicable law and regulations.

  • This may include laws outside your country of residence.

• To cooperate with public and government authorities.

  • To respond to a request or to provide the information we believe is necessary or appropriate.

  • These can include authorities outside your country of residence.

• To cooperate with law enforcement.

  • For example, when we respond to law enforcement requests and orders or provide the information we believe is important.

• For other legal reasons.

  • To enforce our terms and conditions; and

  • To protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others.

• In connection with a sale or business transaction.

  • We have a legitimate interest in disclosing or transferring your Personal Information 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 our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

SECURITY

Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Information. You can help protect your Personal Information and other information by keeping your password to our Websites confidential.

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. All payment transactions are performed by our third-party payment processor, who must comply with appropriate industry standards to protect your payment information.

The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we take security measures to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Website. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in any manner set forth below in the “CONTACT INFORMATION” Section below.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We offer you choices on how you can opt-out of our use of tracking technology, disclosure of your Personal Information for third parties to advertise to you, our advertising to you, and other targeted advertising.

We do not control the collection and use of your information collected by third parties described above in the “DISCLOSURE OF PERSONAL INFORMATION” Section of this Privacy Policy. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with control over your Personal Information:

• Promotional Offers from EES. We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt out from receiving marketing-related emails from us. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by using the opt-out mechanism contained in each such email. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt out.

• Tracking Technologies and Advertising. Some content or applications, including advertisements, on our Websites, are served by third parties, including advertisers, ad networks and servers, content providers, application providers, and social media sites. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  
  You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info). We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

YOUR RIGHTS REGARDING YOUR INFORMATION AND ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

You may have certain rights under applicable data protection laws, including the right to access and update your Personal Information, restrict how it is used, transfer certain Personal Information to another controller, withdraw your consent at any time, and the right to have us erase certain Personal Information about you. You also have the right to complain to a supervisory authority about our processing of your Personal Information.

Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Information.

• Access and Update. You can review and change your Personal Information by logging into the Services and visiting your “My Account” page. You may also notify us in any manner set forth below in the “CONTACT INFORMATION” Section of this Privacy Policy of any changes or errors in any Personal Information we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

• Restrictions. You have the right to restrict our processing of your Personal Information under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Information is determined to be unlawful, or if we no longer need your Personal Information for processing but we have retained it as permitted by law.

• Portability. To the extent the Personal Information you provide Warnert Racing is processed based on your consent or that we process it through automated means, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Information in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Information to another controller, when technically feasible.

• Withdrawal of Consent. To the extent that our processing of your Personal Information is based on your consent, you may withdraw your consent at any time by closing your account. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Information.

• Right to be Forgotten. You have the right to request that we delete all of your Personal Information. We cannot delete your Personal Information except by also deleting your user account, and we will only delete your account when we no longer have a lawful basis for processing your Personal Information or after a final determination that your Personal Information was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Information as set forth in this policy. In addition, we cannot completely delete your Personal Information as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies.

• Complaints. You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.

• How You May Exercise Your Rights. You may exercise any of the above rights by contacting us through any of the methods set forth below in the “CONTACT INFORMATION” Section of this Privacy Policy. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Information, you may be charged a fee subject to a maximum set by applicable law.

STATE-SPECIFIC PRIVACY RIGHTS

The law in certain states may provide their residents with additional rights regarding our use of their Personal Information.

The law in some states may provide you with additional rights regarding our use of Personal Information. To learn more about any additional rights that may be applicable to you as a resident of one of these states, please see the privacy addendum for your state that is attached to this Privacy Policy.

RETENTION PERIOD

We retain your Personal Information for as long as you keep your account open. In some instances, we may keep it after you close your account, for example, we may keep it:

• on our backup and disaster recovery systems;

• for as long as necessary to protect our legal interests; and

• and to comply with other legal requirements.

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.

The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);

• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or

• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

THIRD-PARTY SERVICES

This Privacy Policy does not apply to information collected by third-party websites that may be accessible through the Services.

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with our Social Media Pages.

AUTOMATED DECISION MAKING

We generally do not use your Personal Information with any automated decision-making processes that produce legal or similarly significant effects.

Our service providers may use techniques like machine learning (European law refers to this as “automated decision-making”) to help us improve our services. When our service provider uses such machine learning, it either: (1) still has a human being involved in the process (and so is not fully automated); or (2) uses machine learning in ways that do not have significant privacy implications, for example, reordering how apps might appear when you visit the online store (and so does not produce legal effects or similarly significant effects).

DO NOT TRACK SIGNALS

We may use automated data collection technologies to track you across websites. We currently do not honor do-not-track signals that may be sent by some browsers.

We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. Because there is no standard for these signals at this time, we currently do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

USE OF SERVICES BY MINORS

Our Services are not intended for children under the age of 16 and children under the age of 16 are not permitted to use our Services. We will remove any information about a child under the age of 16 if we become aware of it.

The Services are not intended for individuals under the age of 16, and we do not knowingly collect Personal Information from individuals under 16. If you are under 16, do not register for Services, make any purchases through the Services or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 16, please contact us through our website at warnertracing.com or through email at info@warnert.com

JURISDICTION AND CROSS-BORDER TRANSFER

We may process your Personal Information outside of your home country, including to or from the United States. When we transfer Personal Information outside of your home country, we provide appropriate safeguards to protect your Personal Information.

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may not or do not provide an equivalent level of protection for your Personal Information. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

ADDITIONAL INFORMATION REGARDING THE EEA: Some non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here). Your Personal Information is transferred by Warnert Racing to another country as permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Information. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures to protect your Personal Information. You may obtain a copy of these measures by contacting us in accordance with the “CONTACT INFORMATION” Section of this Privacy Policy.

SENSITIVE INFORMATION

We generally do not request you provide and do not process any special categories of Personal Information.

Warnert Racing does not ask you to provide, and we do not knowingly collect, any special categories of Personal Information from you. Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Services or otherwise to us.

THIRD-PARTY PAYMENT SERVICE

We may disclose Personal Information to third-party payment processors. If you make a payment through the Services, your Personal Information is subject to the third party’s privacy policy.

We may use a third-party payment service to process payments made through the Services. If you wish to make a payment through the Services, your Personal Information will be collected by such third party and not by us, and will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over and are not responsible for, this third party’s collection, use, and disclosure of your Personal Information.

UPDATES TO THIS PRIVACY POLICY

We will post any changes to our Privacy Policy on our Website. If we make material changes to our Privacy Policy, we may notify you of such changes through your contact information and invite you to review (and accept, if necessary) the changes.

We may change this Privacy Policy at any time. The “LAST UPDATED” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Website’s home page. If we materially reduce the protections we provide in this Privacy Policy, we will use reasonable efforts to notify you of the changes (e.g. by email to the email address specified in your account). Any changes will become effective when we post the revised Privacy Policy on the Services. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and reviewing this Privacy Policy to check for any changes.

CONTACT INFORMATION

Please feel free to contact us with any questions or comments you have about this privacy notice or our privacy practices.

If you have any questions, concerns, complaints or suggestions about this Privacy Policy, have any requests related to your Personal Information pursuant to applicable laws, or otherwise need to contact us, please contact us at:

ees.sales@eesbt.com

Should you wish to report a complaint or if you feel that EES has not addressed your concern in a satisfactory manner, you may contact your data protection authority