Privacy Policy

Last Updated: 12-30-22

Churchill Downs Incorporated and its subsidiary companies (“CDI,” “we,” “us,” or "our" ) have adopted this Privacy Policy to explain how we collect, use, disclose, and otherwise process personal information in connection with our Services.

I. What Is Personal Information

When we use the term “personal information” in this Privacy Policy, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a particular consumer or household. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to you.

II. What Information We Collect

We collect personal information in several ways. Sometimes we collect personal information directly from you and sometimes we collect the personal information automatically when you interact with our Services. At times, we may collect personal information about you from other sources and third parties and combine that information with other information we collect from you.

A. Personal Information You Provide To Us

We collect the following personal information you provide in connection with our Services.

• Registration, Account Funding and Wagering. You may register or open an account with CDI on any of our Services if you are at least eighteen (18) years old, or older in some jurisdictions for account wagering.  Similarly, you may place wagers at our casinos if you are twenty-one (21) years old. If you do, we may collect your:
  • Name, address (including billing and shipping addresses), date of birth, gender, citizenship, phone number and email address
  • Social Security Number
  • Bank account and routing information and payment card information
  • Profile picture
  • Social media account information
  • Loyalty or rewards program account number
  • Driver’s license, passport or other government ID
  • Gaming or wagering activity, such as deposit and withdrawal amounts and the details of the wagers you make.
• Communications. If you communicate with us through any paper or electronic form, we may collect your name, email address, mailing address, phone number, date of birth, information about your inquiry, comments and feedback, and any other personal information you choose to provide to us. If you register for our newsletters or updates, we will communicate with you using your email, phone number and by using in-app or push notifications from our websites and apps.
• Surveys, Forms and Events. If you choose to participate in any surveys or events, or complete any forms on our websites, including entering into any sweepstakes, we will collect your name, contact information, payment information (where applicable) and any other information you choose to provide to us.
• Transactions. If you inquire about purchasing or purchase tickets or packages directly through us for any of our live events, or donate to any of our charity fundraisers, we will collect your name, email address, mailing address, phone number, date of birth, payment information, and demographic information. In some cases, such as when you purchase sponsorships either in an individual capacity or as a representative of a company or group, we will collect your Social Security Number and information about your employment.

B. Information We Collect About You Automatically

We use various technologies to automatically collect information about the device or browser you use to navigate our website, apps or from your use of our other Services, including:

• Web Logs. Like many websites, apps and email communications, we automatically collect certain information about your device automatically and store it in log files. This information may include device identifiers, IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and/or clickstream data.
• Geolocation Information. When you download our app or use some of our online Services, you will be prompted to give permission for CDI to access your device’s precise geolocation. Giving permission is voluntary, although the denial of permission to access geolocation information may result in your inability to take full advantage of CDI’s Services. For more information on how to withdraw your permission, please see the Online Privacy Choices section below (section VI).
• Cookies and Other Data Collection Technologies. We and our service providers use cookies, scripts and similar technologies to manage the Services and to collect information about you and your use of the Services. These technologies help us to recognize you, customize or personalize your experience, advertise products or Services to you and analyze the use of our Services to make them more useful to you. These technologies may also allow us to collect demographic and statistical data and provide this information to our service providers to help deliver their services. Most internet browsers allow you to remove or manage cookie functions and adjust your privacy and security preferences. For information on how to do this, access the “help” menu on your internet browser, or access http://www.aboutcookies.org/how-to-control-cookies.  Please note, however, that disabling our cookies may mean that you will not be able to take full advantage of our Services.

C. Information We Collect About You From Third Parties

We may receive personal information about you from other users or our business partners and service providers and combine this information with other information we have.

• Ticketing and Online Purchases. If you purchase tickets or products through our online store, you are interacting with our third-party partners. You may also book our hotel rooms through third-party partners.  When you submit information through these third parties, we receive the name, email and information about your payment methods and the transaction from these third-party partners. If you make purchases on behalf of your company or organization, we will receive the information about your employer that you provide to the third-party partners. Our third-party partners may also estimate demographic information about our customers, such as age, education level and marital status, and send this information to us with information about each purchase. To learn more about the data collection practices of these third parties, please visit each site’s privacy policy.
• Other Users. We may obtain information about you from other users who think you may be interested in the Services or who wish to take part in bet sharing. If so, we will collect your name and contact information, which we will use to reach out to you with information about our Services.
• Service Providers and Public Databases. We obtain information about users from our service providers in some contexts, such as from our payment processors when you deposit money, or from background check providers where we are legally obligated to do so. We may also obtain information from public databases to validate and verify the information you have provided us to prevent potential fraud.
• Social Media Providers. If you choose to connect to our Services through a social network such as Facebook or Twitter, we will collect your profile information. Additionally, if you interact with our social media pages, we will collect information about your profile and the relevant content from your interaction.

III. How We Use Your Information

• To fulfill the purpose for which you provide it to us and improve our Services and customer support. This includes but is not limited to, feature usage, verifying the information you have provided us, facilitating your wagering activity and processing purchases made on our Services.
• To fund your account and place and settle your wager and to ensure that wagering activity and gaming 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, including through email, direct mail, phone, text message, in-app message and push message.
• To respond to your inquiries and fulfill your requests and subscriptions, such as to send you newsletters and our magazine.
• To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies, or information regarding your wagering and gaming activity and player loyalty/reward account.
• 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, and to recognize you and remember your information when you return to our Services.
• To allow you to participate in sweepstakes, contests and similar promotions and events, such as our philanthropic or promotional events, 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, security, crime and fraud monitoring and prevention, developing new products, conducting research regarding our Services for the purposes of enhancing, improving, or modifying our Services, enhancing our marketing efforts, identifying usage trends, determining the effectiveness of our promotional campaigns, increasing business efficiencies, and operating, managing and expanding our operations and 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 that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

IV. How Personal Information May Be Shared Or Disclosed

Your personal information may be used and disclosed:

• Within CDI and our Affiliates. We may share personal information internally within our company and with other affiliates or subsidiaries in the Churchill Downs Incorporated family of companies (i.e., any organization we own or control).
• Travel and Ticketing Partners. We may share personal information with third-party travel partners and ticketing providers to facilitate your travel and event experience, including helping you book our hotel rooms or event passes.
• Service Providers. We engage a number of third-party service providers and independent contractors that process personal information for us or on our behalf and as needed to perform business or operational services needed to provide the Services, such as website hosting, infrastructure provisioning, IT services, customer service, email and text message delivery services, analytics, ticketing, merchandising, marketing and advertising services, security providers, payment processors, background check providers, credit check services, facilitating wagers and other similar services.
• Third-Party Users and Partners. We may disclose your personal information to third parties based on your use of the Services. For example, we will share your personal information with other users to whom you send messages to through the Services or invite on to our apps. We may share your personal information with third parties with whom we partner to provide sweepstakes, contests, surveys, joint promotion activities or co-branded or co-sponsored Services or events to allow them to send you marketing communications and fulfill your related requests.
• Ad Networks and Advertising Partners. We work with third-party ad networks and advertising partners to deliver advertising and personalized content to you on our Services, on other sites and services you may use, and across other devices you may use. These parties may collect information directly from your browser or device when you visit the Services through cookies or other tracking technologies. This information is used to provide and inform targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.
• Publicly. Where you post information and materials on message boards, chat, profile pages, blogs and other services, including, without limitation, our social media pages, your personal information is available to other users. 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.
• Social Networks. By connecting your social media account to the Services, you authorize us to share information with your social media account provider, 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 to the Services.
• Third Parties Based on Context. Consistent with expectations set on the Services or at your direction, we may share your personal information with other third parties in order to facilitate the general operations of our Services.
• Regulatory or Legal Requirements, Safety and Terms Enforcement. We may disclose personal information to governmental regulatory authorities as required by law, including for tax or accounting purposes, in response to their requests for such information or to assist in investigations. We may also disclose personal information to third parties in connection with claims, disputes or litigation, when otherwise required by law, or if we determine its disclosure is necessary to protect the health and safety of you or any other person, to protect against fraud or credit risk, or to enforce our legal rights and the contractual commitments that you have made, and to pursue available remedies and limit the damages that we may sustain.
• Third Parties in the Context of a Corporate Transaction. We may disclose personal information as reasonably necessary to evaluate, negotiate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all CDI’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by CDI about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction.

V. Third-Party Data Collection and Online Advertising

We may participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history. We permit third party online advertising networks, social media companies and other third-party services, to collect information about your use of our online services over time so that they may play or display ads on our Services, on other websites or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through tracking technologies, such as cookies, web beacons, embedded scripts, location-identifying technologies, and similar technology, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the Sites, AdID, precise geolocation and other information. We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help identify you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others on such platforms. We may do this by providing a hashed version of your email address or other information to the platform provider.

We may engage in the following:

• Social Media Widgets and Advertising. Our Services may include social media features, such as the Facebook “Like” button, Pinterest, Instagram, Twitter or other widgets. These social media companies may recognize you and collect information about your visit to our Services, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy policies of those companies.
• Social Media Platforms. We may display targeted advertising to you through social media platforms, such as Facebook, Twitter, Instagram, Snapchat, and other social media forums. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our services while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. We may share a unique identifier, such as a user ID or hashed email address, with these platform providers or they may collect information from our website visitors through a first-party pixel, in order to direct targeted advertising to you or to a custom audience on the social media platform. These advertisements are governed by the privacy policies of those social media companies that provide them. If you do not want to receive targeted ads on your social networks, you may be able to adjust your advertising preferences through your settings on those networks.
• Third Party Partners. We work with a variety of third-party partners to provide advertising services. For example:
  • Adobe’s Analytics Service. We use Adobe Analytics to collect information about your use of the Services, which uses cookies and web beacons to help us understand more about the effectiveness of our advertising campaigns. To learn more, please visit the Adobe Analytics Opt-Out page
  • Google Analytics. We use Google Analytics to recognize you and link the devices you use when you visit our Services on your browser or mobile device, log in to your account on our Services, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service. Google Analytics allows us to better understand how our users interact with our Services and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google's website, “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here: https://tools.google.com/dlpage/gaoptout/.
    We may also utilize certain forms of display advertising and other advanced features through Google Analytics. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Services. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at  https://google.com/ads/preferences, or by visiting NAI’s online resources at  http://www.networkadvertising.org/choices

We support the self-regulatory principles of the Digital Advertising Alliance (“DAA”). We work with advertisers, advertising networks, advertising servers, and analytics companies (“Ad Partners”) that use data collection technologies to understand how our Services are being used and to analyze your browsing history in order to deliver advertising relevant to your interests, as well as to provide advertising-related insights. These advertisements may appear on other websites or services, including through social media networks. These Ad Partners may be able to associate devices across third party websites or services over time and link various devices used by the same individual.

For more information about how Ad Partners use the information collected by these technologies and your options for restricting cookies placed by some of these Ad Partners, please visit the DAA’s opt-out page. The DAA’s opt-outs are device- and browser-specific and may not work on all devices. If you choose to opt-out through the DAA’s tools it does not mean you will cease to see advertising. Rather, the ads you see will be based on the website or app you are visiting and not your interests.

For more information about these practices and your choices regarding cookies, please see Information We Collect about You Automatically (section II) in our Privacy Policy.

VI.        Online Privacy Choices

You have some choices regarding how we use your personal information, including the following:

• How to Control Promotional Email Communications Preferences. You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in the email. You can also email us at [email protected] and ask to be unsubscribed from our marketing emails. You may still receive Service-related communications (e.g., account verification, transactional communications, changes/updates to features of the websites and apps, technical and security notices).
• How to Control Your SMS Text Messaging Preferences. If you no longer want to receive marketing SMS/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 provided in the marketing text messages from the phone number you want to have removed from any future marketing alerts or offers.
• Modifying Your Device Settings. You can restrict our websites and apps from accessing certain device information, such as precise geolocation, by changing your permissions in your mobile device’s settings menu. Please note that the withdrawal of permission to access some device information may result in an inability to take full advantage of our Services.
• How to Control Your Affiliates Marketing Preferences. 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 us at [email protected] and specifying that you want to opt-out of affiliate sharing.
• Modifying or Deleting Your Information. If you have questions about reviewing, changing, or deleting your information, you can contact us directly at [email protected], or in person by visiting any CDI casino and speaking to a customer service representative. In your request, please identify the specific CDI entity with which you have interacted and provided your personal information, and please make clear what personal information you would like to have changed or updated. For your protection, 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 may not be able to change or delete your information in all circumstances, and in some cases, you may be directed to the CDI entity you have a direct relationship with or to the context in which you normally interact with us (e.g., through an app).

VII. Region-Specific Notices

We may provide different or additional privacy policies relating to the processing of personal information about residents of certain countries, regions or states. Please refer below for notices that may be applicable to you:

A. California, Colorado, Connecticut, Utah, and Virginia.

If you are a resident of the California, Colorado, Connecticut, Utah or Virginia, please scroll to the end of this Privacy Policy for a Supplemental U.S. Privacy Notice.

B. Nevada.

Under Nevada law, Nevada residents may opt out of the “sale” of their personal information, where the information is exchanged for monetary consideration. We do not engage in such activity; however, if you are a Nevada resident, you may submit a request to opt out of potential future sales under Nevada law by emailing us at [email protected]. Please note we will take reasonable steps to verify your identity and the authenticity of the request.

VIII. Use Of Services By Individuals Under 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 wagering or gaming age in the application jurisdiction (usually 18 or 21 years of age depending on the jurisdiction). Persons younger than this legal age are not allowed to use our Services, 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. Third Party Websites

Our Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Policy, this Privacy Policy does not apply to, and we are not responsible for, any personal information practices of third-party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy policies.

X. Contacting Us

If you have any questions about this Privacy Policy, 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:  [email protected]

XI. Changes/Updates To This Privacy Policy

We may change this Privacy Policy from time to time. When we make changes to this Privacy Policy, we will change the “Last Updated” date at the top of this page. 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.

CHURCHILL DOWNS INCORPORATED

U.S. STATE PRIVACY NOTICE SUPPLEMENT

Last Updated: December 29, 2022

This U.S. State Privacy Notice Supplement (the “U.S. State Privacy Notice”) supplements the information contained in our Privacy Policy by providing additional information about our personal information processing practices relating to individual residents of the States of California, Colorado, Connecticut, Utah, and Virginia. For a detailed description of how we collect, use, disclose, and otherwise process personal information in connection with our services, please visit our Privacy Policy.

Unless otherwise expressly stated, all terms in this U.S. State Privacy Notice have the same meaning as defined in our Privacy Policy above.

This U.S. State Privacy Notice does not apply to our processing of personal information relating to our job applicants, employees, contractors and other CDI personnel or other individuals other than residents of the states specified above.

       I.         Collection of Personal Information

We have collected the following categories of personal information from the categories of sources and for the purposes set forth below.

The following personal information elements we collect may be classified as “sensitive” under certain privacy laws (“sensitive information”):

• Your account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account;
• Social security, driver’s license, state identification card, or passport number; and
• Information about your citizenship or immigration status; and
• Precise geolocation information.

CDI only uses or discloses sensitive information for the following purposes, where such use or disclosure is necessary and proportionate for those purposes: for performing services you have requested, to comply with our legal and regulatory obligations, for detecting security incidents, fraud and other illegal actions, to ensure the physical safety of natural persons, to perform services on behalf of the business, or for solely internal purposes, consistent with our Privacy Policy and any other expectations we’ve set with you. CDI only collects and processes sensitive information without the purpose of inferring characteristics about a consumer.

We do not sell sensitive information, and we do not process or otherwise share sensitive information for the purpose of targeted advertising. However, depending on your state of residency and subject to certain legal limitations and exceptions, you may be able to limit, or withdraw your consent for, our processing of sensitive information (as described above).

       II.         Sources of Personal Information

We collect personal information about you from one or more of the following sources:

• Directly from you (through the Services or via our service providers)
• Our business partners and other CDI affiliates
• Third parties, such as third-party social networks, ticketing and e-commerce providers, and third parties who purchase our Services for you or otherwise direct our Services to you
• Offline sources, including our casinos, racetracks and hotels
• Your browser, device, through cookies or other data collection technologies on our Services
• Generated or derived from other personal information

Please note: In addition to the categories of sources identified above, we may collect information from publicly available sources and other third-party information providers in order to supplement the information we have otherwise collected.

     III.         Purposes for Collecting Personal Information

We collect, use, sell or disclose personal information about you for one or more of the following business and commercial purposes:

• To fulfill the purpose for which you provided the information, and to improve our Services and customer support. This includes, but is not limited to, using the features of the Services, verifying your identity and age, facilitating your wagering activity and processing purchases made on our Services.
• To fund your account and place and settle your wager and to ensure that wagering and gaming activity on our websites 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, including through email, direct mail, phone, text message, in-app message and push message.
• To respond to your inquiries and fulfill your requests and subscriptions, such as to send you newsletters and our magazine.
• To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies, or information regarding your wagering and gaming activity and player loyalty/reward account.
• To complete and fulfill your purchase, including processing purchases made on CDI’s or our partners’ websites, such as for ticketing and purchases in the online store. For purchases made directly with CDI, we will 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, and to recognize you and remember your information when you return to our Services.
• To recognize you and remember your information when you return to our Services.
• To allow you to participate in sweepstakes, contests and similar promotions and events, such as our philanthropic or promotional events, 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, crime and fraud monitoring and prevention, developing new products, conducting research and analytics regarding our Services, enhancing, improving or modifying our Services, enhancing our marketing efforts, identifying usage trends, determining the effectiveness of our promotional campaigns, increasing business efficiencies, 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 that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Deidentified Information. We may at times receive, or process personal information to create, deidentified data that can no longer reasonably be used to infer information about, or otherwise be linked to, a particular individual or household. Where we maintain deidentified data, we will maintain and use the data in deidentified form and not attempt to reidentify the data except as required or permitted by law.

    IV.         Disclosure of Personal Information

As described in How Personal Information May Be Shared and Disclosed (section IV) of our Privacy Policy, we share personal information with a variety of third parties for business purposes or we may sell your personal information to third parties, subject to your right to opt out of those “Sales” (see The Right to Opt-Out of Personal Information Sales below). The categories of third parties to whom we disclose your personal information for a business purpose include:

• Within CDI and our Affiliates. We may share personal information internally within our company and with other companies owned or controlled by our parent company, Churchill Downs Incorporated, and other affiliates within CDI, which also includes our subsidiaries (i.e., any organization we own or control).
• Travel Partners and Providers. We may share personal information with third-party travel partners and providers to facilitate your travel experience, including helping you book our hotel rooms.
• Service Providers. We engage a number of third-party service providers and independent contractors that process personal information for us or on our behalf and as needed to perform business or operational services needed to provide the Services, such as website hosting, infrastructure provisioning, IT services, customer service, email and text message delivery services, analytics, ticketing, merchandising, marketing and advertising services, security services, payment processors, background check providers, credit check services, facilitating wagers and other similar services.
• Third-Party Users and Partners. We may disclose your personal information to third parties based on your use of the Services. For example, we will share your personal information with other users to whom you send messages to through the Services or invite on to our apps. We may share your personal information with  third parties with whom we partner to provide sweepstakes, contests, surveys, joint promotion activities or co-branded or co-sponsored Services or events to allow them to send you marketing communications and fulfill your related requests.
• Ad Networks and Advertising Partners. We work with third-party ad networks and advertising partners to deliver advertising and personalized content to you on our Services, on other sites and services you may use, and across other devices you may use. These parties may collect information directly from your browser or device when you visit the Services through cookies or other tracking technologies. This information is used to provide and inform targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.
• Publicly. Where you post 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), we will make your personal information available to other users. 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.
• Social Networks. We may disclose personal information, such as a unique identifier, hashed email address, or information automatically collected through tracking technologies, to social networks for the purpose of displaying personalized advertising and content on those social networks.
• Other Users. Consistent with expectations set on the Services or at your direction, we may share your personal information with other third parties in order to facilitate the general operations of our Services.
• Third Parties or the Public At Your Request. We may share your personal information with third parties with your consent or at your direction.
• Regulatory or Legal Requirements, Safety and Terms Enforcement. We may disclose personal information to governmental regulatory authorities as required by law, including for tax or accounting purposes, in response to their requests for such information or to assist in investigations. We may also disclose personal information to third parties in connection with claims, disputes or litigation, when otherwise required by law, or if we determine its disclosure is necessary to protect the health and safety of you or any other person, to protect against fraud or credit risk, or to enforce our legal rights and the contractual commitments that you have made, and to pursue available remedies and limit the damages that we may sustain.
• Third Parties in the Context of a Corporate Transaction. We may disclose personal information as reasonably necessary to evaluate, negotiate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all CDI’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by CDI about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction. We have sold or shared the following categories of personal information for the purposes described in our Privacy Policy, subject to your settings and preferences and your Right to Opt-Out: identifiers and network information, such as IP address and advertising ID.

The categories of third parties to whom we may sell or share the personal information include:

-- Online Advertising Networks and Analytics Providers

We may also disclose personal information to third parties at your direction or upon your request, in connection with a corporate business transaction, or to comply with legal or contractual obligations, as described in How Personal Information May Be Shared and Disclosed (section IV) of our Privacy Policy.

   V.         Your Privacy Choices

Depending on your state of residency and subject to certain legal limitations and exceptions, you may be able to exercise some or all of the following rights:

Non-Discrimination / Non-Retaliation. Depending on your state of residency, you may also have the right to not receive retaliatory or discriminatory treatment in connection with a request to exercise the above rights. However, the exercise of the rights described above may result in a different price, rate or quality level of product or service where that difference is reasonably related to the impact the right has on our relationship or is otherwise permitted by law.

How to Exercise Your Consumer Rights. When you submit a request to us, please identify the specific CDI entity with which you have interacted and provided your personal information and enough information for us to identify you and fulfill your request.

We will need to verify your identity before processing your request. In order to verify your identity, we will generally either require the successful login to your account or the matching of sufficient information about you to the information we maintain about you in our systems. Although we try to limit the personal information collected in connection with requests, certain requests may require us to obtain additional personal information from you for added certainty, including, but not limited to, your email address, mailing address, and/or date of last interaction with customer service. In certain circumstances, we may decline a request to exercise the right to know and delete, particularly where we are unable to verify your identity.

How to Exercise Your Right to Know, Access, Portability, Correction or Deletion. To submit a request under your rights to know, access, portability, correction or deletion, you may choose from the following options:

• Emailing [email protected] with the subject line “Consumer Rights Request” and sufficient information in the content of the message to identify you in our records.
• Calling us at 1 (800) 283-3729, or if you are a Twinspires customer, calling us at 1 (877) 774-7371.
• [Submit a request via our online form].

How to Exercise Your Right to Opt-Out of “Sales” or “Sharing” of Personal Information. As is common practice among companies that operate online, we do allow certain advertising networks, social media companies and other third-party businesses to collect and disclose your personal information directly from your browser or device through cookies and related technologies when you visit or interact with our websites and otherwise engage with us online. For example, they may collect Internet/Network information, such as a cookie or device ID, browsing history and website usage, geolocation data, and Inferences generated from your browsing history and interactions with our service as well as other sites and services.

These third parties use this personal information to serve relevant ads on our site, on other websites or mobile apps, or on other devices you may use, or to personalize content and perform other advertising-related services such as reporting, attribution, analytics and market research. These third-party businesses may use such information for their own purposes in accordance with their own privacy statements, which may include reselling this information to additional third parties, including other advertising networks. Please see the Third-Party Data Collection and Online Advertising section of our Privacy Policy for more information about how third parties use cookies and related technologies to collect information automatically on our websites and other online services, and the choices you may have in relation to those practices.

To opt out of the “sales” or “sharing” of your personal information for the purposes of targeted advertising, or any potential future “sales” or “sharing” of your personal information, please complete the following steps.

• Website. To opt out of advertising cookies on the website, navigate to your browser’s settings and clear your cache and delete all cookies stored on your browser. Then, please visit here, where you can opt out of the use of your personal information for advertising by businesses that participate in the opt-out tool. Please note that this opt-out is device- and browser-specific and will not be effective on your visits to the services from other devices, browsers or through the app. Please note that deleting and opting out of some cookies may result in an inability to take full advantage of the services.
• App. To opt out of advertising related trackers on the app, you may download the DAA’s CCPA App-based Opt-Out Tool, which opts out of data processing by third parties enrolled in the DAA’s program. Please note that this opt-out is device-specific and will not be effective on your visits to the services from other devices or through the website.
• Other Potential Future “Sales” and Sharing. If you are a registered user, you may request to opt-out of other potential future “sales” and “sharing” and to be added to our suppression list by:
  • Emailing us at [email protected] with the subject line “Consumer Opt-Out Request” and sufficient information in the content of the message to identify you in our records.
  • Calling us at 1 (800) 283-3729, or if you are a Twinspires customer, calling us at 1 (877) 774-7371.
  • Submitting a request via our online form:
    • For TwinSpires.com, click here.
    • For BetAmerica.com, click here.
    • Colonial Downs / Rosie’s Gaming Emporium, click here.

Minors.  We do not sell the personal information of consumers we know to be less than 16 years of age. If we wish to do so in the future, we will first seek affirmative authorization from either the minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age. Please contact us at [email protected] to inform us if you, or your minor child, would like to opt-in to sales.

If you are under the age of 18 and you want to remove your name or comments from our website or publicly displayed content, please contact us directly at [email protected]. We may not be able to modify or delete your information in all circumstances.

Authorized Agents.  In certain circumstances, you may permit an authorized agent to submit requests on your behalf. The authorized agent must provide a letter signed by you confirming the agent has permission to submit a request on your behalf, or must provide sufficient evidence to show that the authorized agent has been lawfully vested with power of attorney.

For security purposes, we may need to verify your identity and confirm directly with you that you have provided the authorized agent permission to submit the request, and it may take additional time to fulfil agent-submitted requests. We may deny a request in the event we are not able to verify the authorized agent’s authority to act on your behalf. Please note that for privacy and security reasons, we will direct future communications to the data subject on whose behalf the request was made.

If you wish to submit a request to access, modify or delete information on behalf of your minor child in accordance with applicable jurisdictional laws, you must provide sufficient information to allow us to reasonably verify your child is the person about whom we collected personal information and you are authorized to submit the request on your child’s behalf (i.e., that you are the child’s legal guardian or authorized representative).

VI. California-Specific Disclosures

The following disclosures apply solely to residents of California:

Retention of Personal Information. We retain personal information only for as long as is reasonably necessary to fulfil the purpose for which it was collected. However, if necessary, we may retain personal information for longer periods of time, until set retention periods and deadlines expire, for instance where we are required to do so in accordance with legal, tax and accounting requirements set by a legislature, regulator or other government authority.

To determine the appropriate duration of the retention of personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information and if we can attain our objectives by other means, as well as our legal, regulatory, tax, accounting and other applicable obligations.

Therefore, we retain personal information for as long as the individual continues to use our services for the purposes explained in How We Use Your Information (section III) of our Privacy Policy. When an individual discontinues the use of our services, we will retain their personal information for as long as necessary to comply with our legal obligations, to resolve disputes and defend claims, as well as, for any additional purpose based on the choices they have made, such as to receive marketing communications. In particular, we will retain personal information supplied when joining our services, including complaints, claims and any other personal information supplied during the duration of an individual’s contract with us for the services until the statutory limitation periods have expired, when this is necessary for the establishment, exercise or defense of legal claims.

Once retention of the personal information is no longer necessary for the purposes outlined above, we will either delete or deidentify the personal information or, if this is not possible (for example, because personal information has been stored in backup archives), then we will securely store the personal information and isolate it from further processing until deletion or deidentification is possible.

Notice of Financial Incentive. We offer various financial incentives to consumers who allow us to collect and retain personal information. For example, the financial incentives we may provide include:

• Periodic promotions and special offers, including deposit and gaming offers.
• Registration and referral bonuses.
• Communications channel offers, such rewards for signing up for a newsletter.
• Loyalty programs, where you earn rewards based upon your past deposits or wagers with us.

When you sign up for our email list, create an account, refer a friend or otherwise sign-up for a promotion or special offer, you opt-in to participate in a financial incentive program. Participation in any financial incentive program is entirely optional and participants may withdraw from the program at any time. To opt-out of the program and forgo any ongoing incentives, you may unsubscribe from our emails (for email-based incentives), close your account (for loyalty and reward program incentives) contact player services using the contact information below, or submit a request to delete your information.

The financial incentives we offer to consumers are reasonably related to the value of the consumer’s data to our business, based on our good-faith, reasonable but sole determination. We estimate the value of consumers’ personal information by considering the expense incurred by the business related to the collection, storage and retention of consumers’ personal information in the context of the financial incentive program and the expenses related to the provision of the financial incentive. From time to time, we may provide additional terms that apply to a particular financial incentive, which will be presented to you at the time you sign up for the financial incentive.

For Twinspires customers: For more information about our TSC Rewards loyalty program, please visit: https://www.twinspires.com/tsc-rewards

Updates to This U.S. State Privacy Notice

We will update this U.S. State Privacy Notice from time to time. When we make changes to this U.S. State Privacy Notice, we will change the “Last Updated” date at the beginning of this U.S. State Privacy Notice. If we make material changes to this Supplemental U.S. Privacy Notice, we will notify you by email to your registered email address, by prominently posting on our online Services, or through other communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification.

Contact Us

If you have any questions or requests in connection with this U.S. State Privacy Notice or other privacy-related matters, please send an email to [email protected]. Alternatively, inquiries may be addressed to:

Webmaster
Churchill Downs Incorporated
600 N. Hurstbourne Parkway, Suite 400
Louisville, KY 40222
Telephone: (502) 636-4400 or toll-free: (800) 283-3729