Privacy Notice for California Residents

INDYCAR, LLC

Privacy Notice for California Residents

Effective Date: JUNE 30, 2023

Last Reviewed on: JUNE 30, 2023

Introduction

This Privacy Notice for California Residents (the “Notice”) supplements the information contained in the INDYCAR, LLC’s (“INDYCAR, “us”, “we”, or “our”) https://www.indycar.com/privacy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household ("personal information").

Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

In particular, we have collected the following categories of personal information from our consumers within the last twelve (12) months:

Category

Example

Purpose

A. Identifiers

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

To fulfill or meet the reason for which the information is provided.

To provide you with information, products or services and/or to improve the information, products or services provided.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

To fulfill or meet the reason for which the information is provided.

To provide you with information, products or services and/or to improve the information, products or services provided.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

To fulfill or meet the reason for which the information is provided.

To provide you with information, products or services and/or to improve the information, products or services provided.

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

To fulfill or meet the reason for which the information is provided.

To provide you with information, products or services and/or to improve the information, products or services provided.

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

To fulfill or meet the reason for which the information is provided.

To provide you with information, products or services, and/or to improve the information, products or services provided.

To improve driver, team and spectator safety and health.

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

To fulfill or meet the reason for which the information is provided.

To provide you with information, products or services and/or to improve the information, products or services provided.

G. Geolocation data.

Physical location or movements.

To fulfill or meet the reason for which the information is provided.

To provide you with information, products or services and/or to improve the information, products or services provided.

To improve driver, team and spectator safety and health.

H. Sensory Data

Audio, electronic, visual, thermal, olfactory, or similar information

To fulfill or meet the reason for which the information is provided.

To record driver and team data and during track activity for historical use and broadcast needs.

To improve driver, team and spectator safety and health.

I. Professional or employment-related information.

Current or past job history or performance evaluations.

To fulfill or meet the reason for which the information is provided.

To provide you with information, products or services and/or to improve the information, products or services provided.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.

J. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

To fulfill or meet the reason for which the information is provided.

To provide you with information, products or services and/or to improve the information, products or services provided.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.

We obtain the above categories of personal information from the following categories of sources:

1.Directly from you when you provide it to us.This includes information you provide by filling in forms on our Website or on our Application or through the use of any of our services, such as information provided at the time of registering to use our Website or Application, posting material on the Website or Application, or requesting further services on the Website or Application or through any of our other services.

2. Automatically as you navigate through our services . Information collected automatically may include usage information as described above, and we also may use these technologies to collect information about your online activities over time and across third-party websites or other online services.

3. From third parties, such as our trusted business partners. The information they collect may be associated with your personal information or they may collect information, including personal information, 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 or 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 contact the responsible provider directly.

For more information about these sources, please visit our https://www.indycar.com/privacy .

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information.
  • To provide you with information, products or services and/or to improve the information, products or services provided.
  • To provide, support, personalize, and develop our Website, Applications, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To personalize your experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, Applications, our other services, third-party sites, and via email or text message (with your consent, where required by law).
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

To view all of the ways in which we use or disclose personal information, visit our https://www.indycar.com/privacy .

Sharing Personal Information

We may disclose and/or sell your personal information to our trusted third party business partners and service providers for a business purpose. For example, we sometimes share your personal information with our marketing service providers, who help us create targeted advertisements for products and services that may interest you.

1.Disclosures of Personal Information. Please see the table above for a description of the categories of personal information for a business purpose that we may have disclosed to service providers in the preceding 12 months.

2.Sales of Personal Information. In the preceding twelve (12) months, we have not sold personal information for a business purpose.

We may share information with third parties for the purpose of cross-context behavioral advertising. For opt-out options, please see the Your Rights and Choicessection below.

Data Retention

We will retain your personal information in accordance with applicable law. The data storage period may vary with scenario, product, and service. The standards we use to determine the retention period are as follows:

  • The time required to retain personal data to fulfill business purposes, including providing products/services
  • Maintaining corresponding transaction/business records
  • Handling possible queries or complaints and locating problems
  • Whether the user agrees to longer retention period
  • Whether the law, contract, or other equivalencies have special requirements for data retention.

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

1. Right to Limit Use and Disclosure of Sensitive Personal Information

The only sensitive personal information we affirmatively collect from you is necessary to perform the services or provide the goods or services you requested. We may also periodically receive unsolicited information from you that includes sensitive personal information; we make no further use or disclosure of that unsolicited sensitive personal information. If you have questions about sensitive personal information, please see Exercising Your Rights to contact us.

2. Right to Opt-Out of Personal Information Sharing

You will be opted in by default to the sharing of personal information as defined under the CCPA/CPRA. You can opt out of the sharing of personal information at any time by clicking on this Manage My Data Sharing Preferences. Please note, we do not track users across devices, so you will have to opt-out from each device where you access our website or services.

3. Access to Specific Information and Data Portability Rights.

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see “Exercising Your Rights” section), we will disclose to you:

  • The categories of personal information we collected about you;
  • The categories of sources for the personal information we collected about you;
  • Our business or commercial purpose for collecting or selling that personal information;
  • The categories of third parties with whom we share that personal information;
  • The specific pieces of personal information we collected about you (also called a data portability request);
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • Sales, identifying the personal information categories that each category of recipient purchased; and
    • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

4. Right to Correct/Rectify Personal Information

You have the right to rectify (correct, update, or modify) the personal information we collect about you. After making such a request, we will take commercially reasonable efforts to correct inaccurate personal information within 45 days of receiving the request. In the event an extension is needed, we may take an additional 45 days when reasonably necessary. In this case, we will provide you a notice of extension within the first 45-day period.

5. Deletion Request Rights.

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see “Exercising Your Rights” section), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacylaws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

6. Exercising Your Rights.

To exercise the access, data portability, right to correct/rectify personal information, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Calling us at 800-822-4639.
  • Emailing us at INDYCARPrivacy@indycar.com.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
    • your name, email address, and street address (including city, state and zip code)
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

7. Response Timing and Format.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, such as via the email address that you provided or certified mail if requested.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

We currently do not provide any financial incentives.

Changes to Our Notice

We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information described below (and in the Privacy Policy), your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 800-822-4639

Email: INDYCARPrivacy@indycar.com

Postal Address:

INDYCAR
Attn: Privacy Representative
4551 W. 16th Street
Indianapolis, Indiana 46222