Privacy Policy

Privacy Policy

 

I.                   INTRODUCTION

Churchill Downs Incorporated and its subsidiary companies CDI (“CDI”, “we” or “us”) have adopted this Privacy Policy to establish and maintain an adequate level of protection for your Personal data.

CDI is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information.  This Privacy Policy describes our practices in connection with information that we collect through our online properties and explains how we protect your privacy and the confidentiality of the information that you provide to us when you use websites operated by CDI (the “Websites”), software applications made available by us or use on or through computers and mobile devices (the “Apps”), our social media pages that we control (our “Social Media Pages”) as well as through HTML-formatted e-mail messages that we send to you related to CDI’s products and services.  This Privacy Policy also applies to information we may collect from our operations, including, but not limited to, our gaming, racing and hotel systems and loyalty programs (collectively, including the Websites, the Apps and our Social Media Pages, the “Services”).   By providing Personal Information to us, and by using our websites or mobile applications, you agree to the terms and conditions of this Privacy Policy.  If you do not agree to the terms and conditions of this Privacy Policy, then do not use our websites or mobile apps.

II.                WHAT INFORMATION WE COLLECT:

A.     Personal Information (which you provide to us)

You may register or open an account with CDI on any CDI Website if you are at least eighteen (18) years old, or older in some jurisdictions for account wagering.

CDI may collect some or all of the following "Personal Information" voluntarily provided by you during certain site registration and account funding processes:

  • Your Name, address (including billing and shipping addresses), date of birth, phone number and email address
  • Your Social Security Number
  • Your bank and/or credit card account number
  • Profile picture
  • Social media account ID
  • Loyalty program account number
  • Driver’s license number

 CDI does not give out your Personal Information to any third party for uses not described as normal business operations.

B.     Other Information (which we collect about you)

CDI and our service providers may collect Personal Information and the following other Personal Information about you when you interact with our online services:

  • Your computer IP address, and browser history on our sites
  • Your e-mail address
  • Information volunteered by you, such as survey information and/or site registrations, user id and passwords
  • Purchases made by you on our Websites
  • Your wagering activity (identified by your account number and name)
  • If you choose to connect to our Website through a social network such as Facebook or Twitter, we may collect your profile information
  • The physical location of the computer from which you are accessing our Services
  • Aggregate Statistics, such as the percentage of users who use particular features, to improve our apps.

III.             HOW WE MAY COLLECT PERSONAL INFORMATION:

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

Through the Services:  We may collect Personal Information through the Services, for example, when you create or log into your account or make a reservation or purchase.

Offline:  We may collect Personal Information from you offline such as when you visit one of our casinos or contact customer service.

From Other Sources:  We may receive Personal Information from other sources such as public databases or social media platforms or from people with home you are friends or otherwise connected on social media platforms.

IV.        HOW WE USE YOUR INFORMATION:

  • To fulfill the purpose for which you provide it to us and improve our website, app and customer support.  This includes but it not limited to, feature usage, verifying your identity, to fulfill your wagering activity or process purchases made on our websites.
  • To ensure that wagering activity on our sites meets various state and federal laws and other statutory requirements. 
  • To contact you regarding promotions and marketing offers that we believe may be of interest to you and other purposes which are generally limited to our services.
  • To respond to your inquiries and fulfill your requests, such as to send you newsletters.
  • To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies, or information regarding your gaming activity.
  • To complete and fulfill your purchase, for example, to process your payments, confirm your reservation, communicate with you regarding a reservation or purchase and provide you with related customer service.
  • To personalize your experience with us by presenting products and offers tailored to you.
  • To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities.  Some of these activities have additional rules, terms and conditions, which could contain additional information about how we use and disclose your Personal Information.  Read these rules carefully.
  • To allow you to send messages to a friend through the Services.  By using this functionality, you are telling us that you are entitled to use and provide us with your friend’s name and email address.
  • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, enhancing our marketing efforts, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and governmental authorities; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates (including through surveillance); (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

V.  HOW PERSONAL INFORMATION MAY BE USED AND DISCLOSED:

Your Personal Information may be used and disclosed:

  • To judicial or other government agencies in response to warrants, subpoenas or other governmental orders. You are hereby advised that in the event of a criminal investigation by state or federal authorities or regulatory inquiry, you specifically authorize CDI to disclose said data and information to law enforcement authorities and you release CDI and its affiliated companies from any and all liability related to such disclosures.
  • To our affiliates for the purposes described in this policy.
  • To third parties to permit them to send you marketing communications, consistent with your choices.
  • With other third parties in order to assist with marketing or other normal business activities, such as website hosting, data analysis, payment processing, customer service, email delivery, auditing and other services.
  • To third party sponsors of sweepstakes, contents and similar promotions.
  • To identify you to anyone to whom you send messages through the Services.
  • By you, on message boards, chat, profile pages, blogs and other services to which you are able to post information and materials (including, without limitation, our social media pages).  Please note that information you post in a chat room, a message board, a forum or another public posting area on our websites or social media can be viewed by anyone with internet access. Use extreme caution prior to disclosing your Personal Information, or any other information, in these areas.  CDI is not responsible for a third party's use of information which you post in a public area.
  • To your friends associated with your social media accounts, to other website users and to the providers of your social media accounts, in connection with your social sharing activities.  By connecting your Services account and your social media account(s), you authorize us to share information with your social media account provider(s), and you understand that the use of the information we share will be governed by the social media sites’ privacy policies.  If you don’t want this information shared, do not connect your social media account(s) with your Services account.
  • 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.
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and governmental authorities; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

VI.     OTHER INFORMATION

A.        Other Information We May Collect:

Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as:  browser and device information, app usage data, information collected through cookies, pixel tags and other technologies, demographic information and other information provided by you and aggregated information.

B.         How We May Collect Other Information:

Other information may be collected by us and our third party providers in a variety of way, such as:

  • Through your browser or device.  Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operation system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using.
  • Through your use of the App, including but not limited to App usage data and what files have been downloaded to the App based on your device number.
  • Using cookies.  Like many other websites, we use cookies and other technologies to enable us to provide you with more relevant advertising.  Cookies are small, removable data files that are placed on your computer’s internet web browser.  Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences and other anonymous traffic data.  We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively and to personalize your experience while using the Services.  We can recognize your computer to assist your use of the Services.  We also gather statistical information about the usage of the Services in order to continually improve their design and functionality, understand how they are used and to assist us with resolving questions regarding them.  Cookies further allow us to select which of our advertisements or offer are most likely to appeal to you and display them while you are on the Services.  We may also use cookies in online advertising to track responses to our advertisements, and we may use cookies or other files to track your use of other websites for analytics or advertising purposes.  If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site.  You may also wish to refer to http://www.allaboutcookiesl.org/manage-cookies/index.html.  However, if you do not accept these cookies, you may experience some inconvenience in your use of the Services.  For example, we may not be able to recognize your computer and you may need to log in every time you visit the applicable Services.  You also may not receive advertising or other offers from us that are relevant to your interests and needs.

We also use:

            Google Analytics, which uses cookies and other, similar technologies to collect and analyze information about use of our Websites and to report on activities and trends.  You can learn about Google Analytics by going to www.google.com/policies/privacy/, and opt out by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout; and

            Adobe’s analytics service, which uses cookies and web beacons to help us understand more about the effectiveness of our advertising campaigns. To learn more, go to:  http://www.adobe.com/privacy/opt-out.html#4

            At this time, we do not respond to browser “Do-Not-Track” signals.

Using pixel tags and other similar technologies:  Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates. 

IP Address:  Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP).  An IP Address may be identified and logged automatically in our server log fields whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited.  Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services.  We use IP Addresses for purposes such as calculating usage levels of the Services, helping diagnose server problems and administering the Services.

Physical Location:  We may collect the physical location of your device by, for example, using satellite, cell phone tower or Wi-Fi signals.  We may use your device’s physical location to provide you with personalized location-based services and content, including specific information about our Services if you are in physical proximity to one of our properties and have opted into receiving text messages from us.  We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns.  In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.

From You:  Other information, such as your preferred means of communication, is collected when you voluntarily share it with us.

By Aggregating Information:  Aggregated Personal Information does not personally identify you or any other user of the Services (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).

C.        How We May Use and Disclose Other Information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law.  If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information.

In some instances, we may combine Other Information with Personal Information.  If we do, we will treat the combined information as Personal Information as long as it is combined. 

We are not responsible for the information collection, usage, disclosure or security policies and practices of other organizations, such as Facebook, Apple, Google, Microsoft, Twitter, Pinterest and FourSquare or any other app developer, app provider, social media platform provider, operation system providers, wireless service provider or device manufacturer.

Third-Party Sites

We use third parties to process purchases, including but not limited to, gift shop items, ticketing and hotel reservations.  CDI includes links to other websites whose privacy practices we do not control.

Information you provide on another website is governed by the privacy policy of the operator of that site. These websites may have privacy policies and practices that differ from ours.

We may use third-party advertisers to serve advertisements on CDI websites. Our advertisers may use cookies, web beacons and other technologies to, among other things, to enable our advertisers to monitor the ads you have viewed on our site.  If you would like more information about this practice including your choices in connection with it, please visit http://www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/.  The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. 

VI.       HOW WE PROTECT YOUR PRIVACY:

A.        Security.  We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization.  Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.  If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us in accordance with the “Contacting Us” section of this policy.

B.         Choices and Access

Your choices regarding our use of your Personal Information.

We give you choices regarding our use of your Personal Information for marketing purposes.  You may out-out from:

Receiving electronic communications from us:  If you no longer want to receive marketing related e-mails from us on an on-going basis, you may opt-out by clicking on the unsubscribe link in these e-mails.  You may also opt-out by contacting the CDI Webmaster and specifying that you want to opt out, or unsubscribe, to receiving advertising and general information emails from CDI.  

            Receiving SMS text messages from us:  If you no longer want to receive SMS marketing text messages at a telephone number that you have provided to us for purposes of receiving such offers, text the word “STOP” to the short code from the phone number you want to have removed from any future marketing alerts or offers. 

Our sharing of your Personal Information with affiliates for their direct marketing purposes:  If you would prefer that we do not share your Personal Information on a going-forward basis with our affiliates for their direct marketing purposes, you may opt-out of this sharing by contacting the CDI Webmaster and specifying that you want to opt out of affiliate sharing.

            C.        How you can access, change or suppress your Personal Information

If you would like to review, correct or update Personal Information that you have previously provided to us, you may contact us in person, by visiting any Churchill Downs Incorporated casino and speaking to a customer service representative or by contacting the CDI Webmaster.  In your request, please make clear what Personal Information you would like to have changed or updated.  For your protection, we may only implement requests with respect to the Personal Information associated with the particular e-mail address you use to send us your request, and we may need to verify your identify before implementing your request.  Subject to applicable laws, including but not limited to our obligations regarding anti-money laundering laws, we will try to comply with your request as soon as reasonably practicable. 

In addition, please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transaction that you began prior to requesting such change, like making a reservation or entering a promotion.  There may also be residual information that will remain within our databases and other records, which will not be removed. 

VIII.    USE OF SERVICES BY INDIVIDUALS UNDER THE APPROPRIATE AGE

            A.        Legal Gaming Age.  Any offer made or contests we conduct, unless otherwise noted, are not open to persons younger than the legal gaming age in the application jurisdiction (usually 21).  Persons younger than this legal age are not allowed to use our websites, accept offers, or win contests, and we do not knowingly collect information from such persons for gaming related offers.  We reserve the right to verify age at any time for any reason and may decline to provide products, services or access rights to any person who does not have valid age identification.  Please note that for some of our properties, users may access limited aspects of the Services in compliance with applicable local laws.

         B.         Use of Services by Individuals Under 13.  None of the Services are directed towards children under the age of thirteen (13) and we will not knowingly collect or use any information from any person identified as being under the age of thirteen (13).

IX.       CONTACTING US

 A.        If you have any questions about this privacy statement, you may contact:

Webmaster
Churchill Downs Incorporated
600 N. Hurstbourne Parkway, Suite 400
Louisville, KY 40222
Telephone: 502/636-4400, or toll free 800/283-3729
Email:  webmaster@kyderby.com

X.        CHANGES/UPDATES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of August, 2019.  We may change this Privacy Policy from time to time.  Any changes will become effective when we post the revised Privacy Policy on the Services.  Your use of the Services following these changes means that you accept the revised Privacy Policy.