Last Updated: September 29, 2018
If you are visiting us from the European Union or European Economic Area, please be sure to read the section entitled “Additional Information for Users in the European Economic Area” for information on how we comply with privacy laws applicable to you.
2. Collection of Information.
When registering to use the Services, we may require or ask you to provide certain personally identifiable information (these are referred to below as your “Personal Contact Information”). The Personal Contact Information that we require you to provide in order to access the Services may include, but is not limited to, the following:
- Full Name
- Email Address
We may also require or ask you to provide certain Personal Contact Information if you contact us for more information about our Services. The Personal Contact Information that we require you to provide in order to request information about our Services may include, but is not limited to, the following:
- Full Name
- Email Address
Providing an email address is required when making an inquiry through our website because that allows us to contact you to respond to your inquiry.
We may also ask or require you to provide Personal Contact Information as you interact with our Services, including when you submit requests for support, when you request coaching, or when you make customer service requests.
When purchasing the Services, we will require you to provide financial and billing information, such as billing name and address, and credit card number (“Billing Information”).
Your Personal Contact Information and your Billing Information (together with Data, Diagnostic, Login, Usage and Analytics, and Generalized Geo-Location Information, as defined below) are collectively referred to as your “Personal Information.”
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
User Content, Diagnostic & Login Information
You may be able to create, upload, publish, transmit, distribute, display, store or share information, data, text, graphics, video, messages or other materials using the Services (this is collectively referred to below as “User Content”). Some of this User Content may be stored and maintained on our servers. If you run into technical errors in the course of using the Services, we may request to obtain a crash report along with certain logging information from your system documenting the error (“Diagnostic Information”). Such information may contain information regarding your Operating System version, hardware, browser version (and .NET version information in case of Windows systems), and your email address, if provided. We may automatically gather certain Diagnostic Information to help us proactively identify and fix issues, as well as to make it easier to troubleshoot user reported issues. Additionally, certain login information may be maintained in a cookie stored locally on your personal computing device (i.e. not on a server) in order to streamline the login process (“Login Information”).
As you use our Services, we may also collect information through the use of commonly-used information-gathering tools, such as cookies, log files, and Web beacons. Collectively, this information is referred to as “Usage and Analytics Information.”
As is true of most websites, we gather certain information automatically to analyze trends in the aggregate and administer the Services. This information may include your Internet Protocol (IP) address (or the proxy server you use to access the World Wide Web), device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage. Due to Internet communications standards, when you visit or use our websites and Services, we automatically receive the URL of the website from which you came and the website to which you go when you leave our website. This information is used to analyze overall trends, to help us improve the Services, to track and aggregate non-personal information, and to provide the Services. For example, we use IP addresses to monitor the regions from which customers and visitors navigate the Sites.
We use web beacons alone or in conjunction with cookies to compile information about your usage of the Services and interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular website or Service tied to the web beacon, and a description of a website or Service tied to the web beacon. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to one of our websites. We also use web beacons to operate and improve the Services and our email communications.
We collect location information (e.g. country) for billing and compliance purposes. In addition, we may use the collected location information to detect and curb abuse of the Service. We may collect Geo-Location Information for each login or access of to the Service. We may collect the country of the financial institution in your Billing Information. We may collect the country of the mobile marketplace you used to download or access any of the Service assets.
The Services track and gather information regarding your driving performance during your use of certain racing simulation computer programs. This is referred to as “Racing Data.” Racing Data is not deemed to be Personal Information.
3. Use of Information
We use the information we collect in the following ways:
|Personal Contact Information||We use this information to manage your account, to provide the Services, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes, for service improvement, and to address issues like malicious use of the Services. We may also use Personal Information for limited marketing purposes, namely, to contact you to further discuss your interest in the Services, and to send you information regarding information about us or our partners.
In addition, when you sign up for one-on-one or group coaching (“Coaching”), we share your full name and e-mail address with the coach with whom you are matched.
|Billing Information||We use credit card or bank account information to manage your account, to provide the Services, and to check the financial qualifications of prospective customers and to collect payment for the Services. We may use a third-party service provider to manage payments processing. If we do so, such a service provider will not be permitted to store, retain, or use Billing Information except for the sole purpose of payments processing on our behalf.|
|User Content, Diagnostic Information and Login Information||We use this information solely for the purpose of administering and improving our Services to you.|
|Analytics Information||We use Analytics Information to provide and improve our Services to you. We may also use Analytics Information in a de-identified, anonymized way, such as, in conjunction with an analytics service such as Google Analytics or Facebook Analytics, to monitor and analyze use of the Services, for the Services’ technical administration, to modify the Services, to increase the Services’ functionality and user-friendliness for all users, and to verify users have the authorization needed for the Services to process their requests.|
|Geo-Location Information||We may use this information for the purpose of administering and improving our Services to you.|
|Racing Data||Racing Data is also shared with your coach as part of Coaching services, as well as your teammates in any group Coaching.|
4. Do Not Track
5. Disclosures & Transfers
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there.
From time to time we may employ third parties as contractors to help us provide and/or improve the Services. These third parties may have limited access to databases of user information or registered member information solely for the purpose of helping us to provide and/or improve the Services and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose. Such agents or third parties do not have any rights to use Personal Information beyond what is necessary to assist us.
We may also disclose your Personal Information with your consent.
6. Important Exceptions
We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of the Services, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.
These Services are hosted in the United States and are intended primarily for visitors located within the United States. If you choose to use the Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you may be transferring your Personally Identifiable Information outside of those regions to the United States for storage and processing. By providing your Personally Identifiable Information through the Services, you consent to such transfer, storage, and processing.
The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your password, and safeguard your user name, password and personal credentials when you are using the Services, so that other people will not have access to your Personal Information. Furthermore, you are responsible for maintaining the security of any personal computing device on which you utilize the Services.
If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on our website if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
8. Sharing Information with Third Parties
The Services include the option to purchase one-on-one or group coaching services. When you sign up to receive Coaching, we provide your full name and e-mail address with the coach with whom you are matched. Prior to and during Coaching, your coach also receives your Racing Data. In addition, when you sign up for Coaching, you have the ability to include any additional information you wish in the sign-up form and all of this information is also passed along to your coach. Because we do not systematically monitor the content that is published through the coaching sign-up forms, our users have the ability to publish Personal Information of their own or of third parties without our knowledge. It is the responsibility of our users to ensure they have the proper consents or legal authority to use the Services to process or publish any content (including Personal Information) provided to us.
When using our Coaching services, you and your coach are able to communicate directly through e-mail or other mechanisms outside of our Services. We have no access to and do not monitor the content of any such communications. We have no control over how our coaches use or disseminate such information. Nor, if you are a coach yourself, we do not have any control how your students use or disseminate any information provided by you to them. We strongly advise you to use caution in disclosing any Personal Information while engaging in our Coaching services.
If you are part of a Team on VRS, your “teammates” will also have access to your Racing Data. They will not, however, have access to any of your Personal Information.
11. Access and Accuracy
You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected with respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to correct, amend, delete, or limit the use of your Personal Information. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.
In certain circumstances, you have the right:
- To access and receive a copy of the Personal Information we hold about you
- To rectify any Personal Information held about you that is inaccurate
- To request the deletion of Personal Information held about you
You have the right to data portability for the information you provide to us. You can request to obtain a copy of your Personal Information in a commonly used electronic format so that you can manage and move it.
12. Service Providers
We may employ third-party companies and individuals to facilitate our Services (“Service Providers”), to provide the Services on our behalf, to perform Service-related services or to assist us in analyzing how our Services is used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
A list of our current Service Providers can be found below (the “Service Provider List”). The Service Provider List may be updated from time-to-time, as Service Providers are added and removed.
We may provide paid products and/or services within the Services. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
We may use third-party Service Providers to monitor and analyze the use of our Services.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/
Facebook Pixel & Facebook Analytics
Facebook Pixel and Facebook Analytics are provided by Facebook Inc.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.
Google AdSense DoubleClick Cookie
You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/
AdMob by Google
AdMob by Google is provided by Google Inc.
You can opt-out from AdMob by Google service by following the instructions described by Google: https://support.google.com/ads/answer/2662922?hl=en
Facebook advertising service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
Google App Engine and Google Cloud Storage
We use Google Cloud Storage and Google App Engine for web and mobile application infrastructure. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/
We use Facebook Login to allow you to register and login for the Services using your Facebook login information. For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
We use Google Sign-In to allow you to register and login for the Services using your Facebook login information. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/
What are cookies?
Cookies are small text files containing a string of characters that can be placed on your computer or mobile device that uniquely identify your browser or device.
What are cookies used for?
Cookies allow a site or service to know if your computer or device has visited that site or service before. Cookies can then be used to help understand how the site or service is being used, help you navigate between pages efficiently, help remember your preferences, and generally improve your browsing experience. Cookies can also help ensure marketing you see online is more relevant to you and your interests.
What types of cookies do we use?
There are generally four categories of cookies: “Strictly Necessary,” “Performance,” “Functionality,” and “Targeting.” We routinely use all four categories of cookies on the Service. You can find out more about each cookie category below.
- Strictly Necessary Cookies. These cookies are essential, as they enable you to move around the Service and use its features, such as accessing logged in or secure areas. Because these cookies are essential, they cannot be disabled.
- Functionality Cookies. These cookies allow us to remember how you’re logged in, whether you chose to no longer see advertisements, when you logged in or out, and the state or history of Service tools you’ve used. These cookies also allow us to tailor the Service to provide enhanced features and content for you and to remember how you’ve customized the Service in other ways. The information these cookies collect are anonymous, and they are not used to track your browsing activity on other sites or services.
- Targeting Cookies. Us, our advertising partners or other third party partners may use these types of cookies to deliver advertising that is relevant to your interests. These cookies can remember that your device has visited a site or service, and may also be able to track your device’s browsing activity on other sites or services other than ours. This information may be shared with organizations outside of ours, such as advertisers and/or advertising networks to deliver the advertising, and to help measure the effectiveness of an advertising campaign, or other business partners for the purpose of providing aggregate Service usage statistics and aggregate Service testing.
How long will cookies stay on my device?
The length of time a cookie will stay on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.
How to control and review cookies?
If you do not want to receive cookies, you can change your browser settings on your computer or other device you’re using to access our Services. If you use our Services without changing your browser settings, we’ll assume that you’re happy to receive all cookies on our website. Most browsers also provide functionality that lets you review and erase cookies. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit http://www.allaboutcookies.org/.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services.
14. Contact Us
You can help by keeping us informed of any changes such as a change of email address or telephone number. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at:
2885 Sanford Ave SW #12670
Grandville, MI 49418
ADDITIONAL INFORMATION FOR USERS IN THE EUROPEAN ECONOMIC AREA
Controller and EU Representative
Smarty Co. is the controller of your personal information for purposes of European data protection legislation. We have appointed a local representative in the European Union to respond to inquiries pertaining to our collection and processing of your data, as well as our compliance with European data protection legislation. Below you will find contact information for our local representative:
Virtual Racing School Limited
71 Lower Baggot Street
Dublin D02 P593
If you are in the European Economic Area, Virtual Racing School Limited is also a controller of your data.
Lawful Basis for Data Processing
We will only collect, store, and process your personal information where a lawful basis for such processing exists, which will typically fall under one of the following scenarios:
- Processing is necessary for the performance of a contract to which you, the Data Subject, are party;
- Processing is necessary for compliance with a legal obligation to which we as a Controller is subject;
- Processing is necessary for the purposes of the legitimate interests pursued by us as the Controller, or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of you, the Data Subject, which require protection of your personal information. The legitimate interests that underlie our processing of personal data include research and development, marketing and promoting the Services, and protecting our legal rights and interests.
Use for new purposes
We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. For example, we keep account information for as long as the account is active, and for a reasonable period thereafter to ease reactivation if you choose to reactivate your account. If the Services are made available to you through an organization, e.g., your employer, we retain your information as long as required by the administrator of your account on their behalf.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) in which case we may use this information indefinitely without further notice to you.
European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:
- “Opt-out”. Stop sending you direct marketing communications. You may continue to receive Service-related and other non-marketing emails.
- “Access”. Provide you with information about our processing of your personal information and give you access to your personal information.
- “Correct”. Update or correct inaccuracies in your personal information.
- “Delete”. Delete your personal information.
- “Transfer”. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
- “Object”. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
- “Withdraw Consent”. If our processing is based on your consent, you have the right to withdraw such consent at any time.
Cross-Border Data Transfer
Whenever we transfer your personal information out of the EEA to countries not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be based on either use of approved standard contractual clauses or one of the safeguards recognized by the European Commission as providing adequate protection for personal information, where required by EU data protection legislation.