Last updated: August 19, 2016
Disclaimer of Warranties. THE SERVICE IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, KEENELAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND THE USE THEREOF, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE CONTENT OR THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICE AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF THE SERVICE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY OTHER LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. YOU UNDERSTAND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
Information We May Collect
Information You Choose to Provide: Keeneland collects and stores any information that you enter on our Web sites or give us in any other way. Examples include:
Information from Social Networking Sites. If you access any aspect of the Service through a third party social networking site, such as Facebook©, you allow us to access and import information from your profile for that social networking site which may affect the privacy settings you establish on the social networking site. You can find out more about these settings at the social networking site. By using the Service through a social networking site, you are authorizing us to collect, store and use any information that the social networking site provides to us through the social networking site’s interface with Keeneland. You agree to this when you “accept or “allow” one of our applications on the social networking site.
Information from Mobile Devices. If you use the Service on a mobile device or through a mobile application or sign up for SMS notifications or push notifications (where available), we may obtain information specific to mobile activity through use of our Service, such as, for example, your location, your mobile device identifier and/or IP address, the name you have associated with your device, device type, telephone number, country and geolocation. Most mobile devices allow you to adjust location-based services and other information provided by your device.
Logging Information. We may automatically obtain and store HTTP header, information obtained from client-side tracking objects, information specific to your device, and other information obtained through our server logs upon your use of our Service.
Aggregate Information. We may also collect information that is not personally identifiable, such as history of pages viewed, advertising, demographic and other analytic data.
How We Use Information We Collect
We, our affiliates and third party service providers may use information collected:
Email or SMS Communications. We may send you email or SMS notifications of new features and other Keeneland news, but will do so only in instances where you have elected to receive such information. There is an optional section of our Web site where input forms require your name, phone number, company, and e-mail address. This form provides the ability to opt-in to receiving future emails of any sort from Keeneland. If you opt-in to receiving email communications from us, then we may send information to you on our products or services. This information will not be used for any other purpose, except as required by law or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site. You may review and change your information with us at any time by clicking on the “modify profile” link on the site or similar found at the bottom of emails sent via our system, or by contacting us at firstname.lastname@example.org. To opt-out from having any provided information used for email communications from us, please click on the opt-out (unsubscribe) link in any message you receive from us. This will allow you to unsubscribe or update your message preferences. Alternately, you may contact us at email@example.com.
Cookies. Keeneland, its affiliates, service providers and/or advertisers sometimes use “cookies” (text files placed by a Web site’s server on a visitor’s computer hard drive) or other technologies such as “web beacons” and “pixel tags.” These technologies are used to recall personally identifiable information to enhance your experience and personalize the Service for you based on your preferences and selections; and to track visitor traffic patterns and other information for marketing and business purposes. You can set your web browser to disable or delete cookie data, but by doing so, you may be preventing yourself from taking advantage of the convenience this technology offers.
How We Share Information We Collect
As described below, we may share your information with others for various purposes:
Agents. We employ other businesses and individuals to perform functions on our behalf. Examples may include fulfilling orders, site analysis, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. They may have access to personally identifiable information needed to perform their functions.
Aggregate Information. We may share aggregate information, such as demographics and site usage statistics, with advertisers, sponsors or other organizations. When this type of information is shared, the other parties do not have access to your personally identifiable information.
Third Parties. We may disclose your information to third parties for purposes not directly related to our site in the event that you consent to such disclosure.
Affiliates. We may share your information (including without limitation personally identifiable information) with our affiliates.
Transfers. In the event that our assets are sold or transferred to another party, or another transaction occurs in which your personally identifiable information is one of the assets transferred, all personally identifiable information that has been collected and saved may be one of the assets we transfer. We will post a notice on the Service in the event of such a transfer.
Legal Process and Compliance with Laws and Policies. We or others may disclose your personal information and any other information collected by the Service to law enforcement agencies and other third parties without notice to you in order to comply with applicable law, to investigate suspected fraud, harassment or other violations of applicable law or of our Service policies, to protect our or third parties’ rights, or to protect the rights of other visitors.
When You Consent. Other than as described above, if your information might go to third parties, you will have an opportunity to choose not to share your information.
Refer a Friend/Forward-to-a-Friend Functionality. If you feel that information about Keeneland could be useful for a third party you know (e.g. your friends or family members etc.), you may use our forward-to-a-friend functionality. If you choose to use our referral service to tell a friend about Keeneland, we will ask you for your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Keeneland stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
Other Terms and Conditions
Security. The Service incorporates reasonable safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information that we may collect. We have put into place reasonable precautions to protect such information from loss, misuse and alteration, but we cannot guarantee that information collected by the Service will be free from unauthorized access. Our security policies are reviewed periodically and revised as required.
Information You Make Public. The Service, including mobile applications and pages we make available through social networking sites, such as Facebook©, may have features that allow you to post information that can be viewed by other visitors, such as commenting, chat rooms, forums and message boards. You are not required to provide any personal information when using these features but you may choose to do so. If you post personal information online, it will be publicly available and you may receive unsolicited messages from other parties. In addition, when you post a comment to a mobile application, the user name with which you registered for the Service and your current location may be made publicly available on the Service and through the mobile application. We cannot ensure the security of any information you choose to make public using these features, and it may remain available indefinitely. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information in these areas.
Our Policies Concerning Children. Our Service is not intended for children under the age of 13, and we encourage parents and guardians to be aware of and participate in their children’s online activities. We adhere to the Children’s Online Privacy Protection Act, and we do not knowingly collect, use or disclose any personal information from children under the age of 13 in a manner that violates that law. In the event that we learn that we have inadvertently gathered personal information from a child under the age of 13, we will promptly take reasonable measures to erase such information from our records.
Your California Privacy Rights. California Civil Code Section 1798.83 permits customers of the Service who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
Limitation of Liability. IN NO EVENT SHALL KEENELAND, ITS AFFILIATES EMPLOYEES, DIRECTORS, OFFICERS, OWNERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) RESULTING FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY VISITOR’S ACCESS TO AND USE OF THE SERVICE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IF ANY PART OF THIS LIMITATION OF LIABILITY IS INVALID, ILLEGAL OR UNENFORCEABLE, THEN THE AGGREGATE LIABILITY OF KEENELAND AND OUR AFFILIATES UNDER SUCH CIRCUMSTANCES TO YOU OR TO ANYONE ELSE WILL NOT EXCEED ONE HUNDRED DOLLARS. SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU IF THEY ARE NOT PERMITTED BY THE LAWS OF YOUR JURISDICTION.
Anti-Spam. We know how important it is to keep your inbox as free of unwanted emails as possible. As an ExactTarget partner, Keeneland and its clients adhere to the ExactTarget anti-spam policy.
Keeneland Association, Inc.
4201 Versailles Road
Lexington, KY 40510
Phone: (800) 456-3412