Effective date: December 23, 2020
SECTION 1: APPLICABILITY AND SCOPE
SECTION 2: COLLECTION OF PERSONAL INFORMATION
SECTION 3: USE OF PERSONAL INFORMATION
SECTION 4: OBTAINING CONSENT
SECTION 5: WITHDRAWAL OF CONSENT
SECTION 6: MAINTENANCE AND DISPOSAL OF PERSONAL INFORMATION
SECTION 7: DISCLOSURE OF PERSONAL INFORMATION
SECTION 8: COOKIES AND SIMILAR TECHNOLOGIES
SECTION 9: YOUR CHOICES
SECTION 10: LINKS
SECTION 11: PUBLIC FORUMS
SECTION 12: SECURITY AND LEGAL PROCESS
SECTION 13: CHILDREN’S GUIDELINES
SECTION 15: ACCESS TO YOUR INFORMATION
SECTION 16: CALIFORNIA PRIVACY RIGHTS
SECTION 17: NEVADA PRIVACY RIGHTS
SECTION 18: CONTACTING 1/ST
- Applicability and scope
- COLLECTION OF PERSONAL INFORMATION
As You use our Services, visit one of our race tracks or casinos, interact with our WiFi portal, or register for our events or promotions, we collect information about You and the services You use. The information we collect falls into three main categories: (1) information You voluntarily provide us; (2) information we collect from You automatically; and (3) information we collect from other sources.
- Information You Voluntarily Provide Us
Some information we collect is provided voluntarily by You when You use our Services, including:
- Account Registration: information relating to the creation of an account on one of our websites or mobile applications, such as first and last name, email address, postal address, telephone number, and/or a unique individual password, and in some cases, date of birth, a driver’s license photo, Your gender, marital status, and preferred language;
- Form Submissions: information that you provide by filling in forms that we make available. This includes when making purchases from our Services, such as to purchase food and beverages from one of our race track or casino locations; making wagers; choosing to access on-site wireless internet; or requesting information or assistance;
- Newsletter Sign-ups: information relating to our newsletter subscription pages, including name and email address;
- Technical Support: information you provide when you report a problem with our Services or otherwise communicate with us by email, our Services, by telephone, in writing or through other means;
- Customer Service: records and copies of your correspondence (including email addresses), if you contact us by telephone or in writing or via chat, including for customer support;
- Program Participation: information related to your participation in our programs, including our loyalty rewards program;
- Promotions and Feedback: information relating to your participation in a promotion, or survey that we may ask you to complete for research purposes;
- Payment Information: payment card, transaction or financial account information, if you make a purchase online or sign up via our order forms;
- Job Applications: employment- and background-related information provided to us as a part of the job application process; or
- Device Permissions: information relating to your use of features of our Services that may ask you to grant us access to location information, photos, microphone, video camera, or media on your computer or mobile device, and other just-in-time notifications that request your permission.
Please note: When communicating with us by email or through forms on our Services, we ask that you please do not send us any sensitive information pertaining to yourself. 1/ST does not collect or store sensitive information.
For the purposes of verification of Your identity when You create an account, You specifically acknowledge that 1/ST will be providing Your personal information to a third party provider for the verification of Your age, residency and background for the purposes of providing You an Account with 1/ST.
Please be aware that if You choose not to provide certain personal information, You may not be able to use certain features of the Services, and/or You may not be able to receive products and services from 1/ST.
- Information We Collect Automatically
Some information is collected automatically by us or by service providers performing business functions on our behalf, including when You access our websites, download and use our mobile applications, open emails we send, or otherwise interact with our Services.
We may collect information about Your transactions in our physical locations, on our websites, or via our mobile applications, including purchases made, associated rewards or promotions, and the frequency of Your visits.
We may collect information about Your browser or device. This information may include the type of device You are using, Your operating system, Your ISP, Your domain name, Your IP address, Your browser type, Your device and mobile ad identifiers (e.g., Apple IDFA or Android AAID), the referring website, the web pages of our website that You view (including the date and time You viewed them), and the subject of the ads You click or scroll over. To collect this information, we may use log files that record events in connection with Your use of our services, as well as cookies and similar technologies.
In addition, as described further below, closed circuit video surveillance cameras (“CCTV”) may be installed at some of our retail locations to monitor building security and assist in crime prevention, detection, and investigation, and to ensure the health and safety of our staff and visitors to our facilities.
- Information We Collect From Other Sources
When you interact with our Services or accounts on a social media platform, we may collect the personal information that you or the platform make available to us on that page or account, including your social media account ID and/or user name associated with that social media service, your profile picture, email address, friends list or information about the people and groups you are connected to and how you interact with them, and any information you have made public in connection with that social media service.
Some information we collect is from other unaffiliated sources, including in some cases information that is publicly available or that isprovided by or purchased from marketing business partners.
- USE OF PERSONAL INFORMATION
With Your consent, we use Your personal information for business and commercial purposes, including to provide you our Services, for monitoring and improving our internal operations, communicating with You for marketing and promotional purposes, and for account management. We also use Your personal information to ensure that we:
- bill You properly;
- administer Your Account or loyalty program in accordance with Your agreements with us;
- properly perform the services You have requested;
- comply with legal requests from law enforcement agencies and as necessary for applicable state, provincial and federal legal and regulatory requirements, including processing information to pay our taxes; to fulfill our business obligations; to comply with gambling, recruitment, and employment laws; or as necessary to comply with lawful due process;
- identify Your preferences as a customer and to support customization by saving your user Account, registration and profile data or other personal information (so you do not have to re-enter it each time you visit or use the Services); tracking your return visits to and use of the services; tailoring your experience on the Services; and/or otherwise customizing what you see when you visit and use the Services;
- inform You about upcoming events, promotions and new and improved services;
- protect You and 1/ST against error and fraud;
- comply with our internal risk management and related policies;
- communicate with You about for marketing and promotional purposes, including newsletters, surveys, contest announcements, and information about our service or product offerings or the offerings of our business affiliates; and
- with Your consent. We may process certain personal information in order to fulfill any other business or commercial purpose at Your direction or with Your consent.
Internal Improvements and Analytics – We also use the personal information we collect to monitor and improve our internal operations, as well as to improve the experience of users within our network of Services. For example, we may correlate web site/app traffic information with data about site visitors to understand aggregate usage patterns, graph trends, and derive analytical information about the performance of our Services. This data helps us to determine how much our customers use parts of the Services, allowing us to enhance it to fit the needs of as many of our customers as possible. We may also break down overall usage statistics according to customers’ domain names, browser types, and MIME types by reading this information from the browser string (information contained in every user’s browser).
Closed Circuit Video Cameras. As noted above, we use video cameras at some of our retail locations to monitor building security and assist in crime prevention, detection, and investigation, and to ensure the health and safety of our staff and visitors to our facilities. We may also use video to identify members for verification, loyalty program and marketing purposes, as appropriate.
1/ST Direct Communications – By creating an account, You consent to receive communications from 1/ST through various methods (i.e. e-mail, telephone, text message, etc.). Standard data/text message charges may apply. You may opt-out of receiving communciations from us simply by notifying us as described in the “Contacting 1/ST” section below, or in accordance with the opt-out instructions contained in any information message You receive from us.
WiFi Access. At some 1/ST physical locations, wireless Internet (WiFi) is offered at no cost to individuals who choose to access the designated wireless network. All users must agree to the WiFi Terms and Conditions associated with the network being joined.
4. OBTAINING CONSENT
1/ST will collect, use and disclose Your personal information only with Your consent except where otherwise required by law. You may decline to provide us with Your personal information. However, this choice may make it impossible for us to provide You with some or all of our products or services.
Many of our products and services (e.g. online and telephone account wagering) are governed by federal, state and provincial regulations that require 1/ST to collect and maintain specific personal information. As well, in order to fulfill our service obligations to You, it is necessary for 1/ST to have Your consent to send You notices and other important information affecting Your Account or services.
In order to continue providing You with products and services, it is necessary for 1/ST to have Your consent to provide Your personal information to:
- a company or individual employed by 1/ST to perform functions on its behalf;
- a company or person for the development, enhancement, marketing or provision of 1/ST’s products or services (including making payments via payment platforms);
- an agent or third party retained by 1/ST in connection with 1/ST’s administration or the provision of 1/ST’s products or services; and/or
- an agent used by 1/ST to evaluate Your creditworthiness or to collect Your Account.
1/ST further requires Your consent to transfer any and all of Your personal information to third parties for any reason whatsoever in the event Your account is in arrears for any amount in excess of 30 days.
5. WITHDRAWAL OF CONSENT
You may withdraw Your consent at any time, subject to legal or contractual restrictions and reasonable notice. To withdraw Your consent, simply contact us as described in the “Contacting 1/ST” section below, and advise which of Your personal information You no longer wish us to collect, use and/or disclose.
We will then inform You of the implications of withdrawing consent to collect, use and/or disclose that personal information, including without limitation the fact that once such consent is withdrawn You may not be able to use certain features of the Services, and/or You may not be able to receive products and services from 1/ST. Should You nonetheless still desire that consent be withdrawn, 1/ST will accede to Your request.
6. MAINTENANCE AND DISPOSAL OF PERSONAL INFORMATION
The information You have provided us is maintained in our management information system and billing systems, and is updated as new information is added. Accounting and billing records are retained for ten years for tax and accounting purposes or until the relevant income tax years for which the document was created have been closed for income tax purposes and/or all appeals have been exhausted.
Records may remain on file even after You have terminated Your Account. Subject to applicable law, we may also keep records to facilitate collection and to evaluate credit worthiness, to resolve disputes, and to enforce our agreements.
7. DISCLOSURE OF PERSONAL INFORMATION
- Among 1/ST affiliates and subsidiaries, for the purposes of management and analysis, decision making, and other business purposes, including processing orders and requests, administering our loyalty programs, and promoting our product and service offerings, including through tailored marketing communications. We also do so to help You have a unified experience when interacting across the 1/ST group’s websites, mobile applications, Services, and physical locations.
- Among our service providers and vendors who provide us with support services, such as credit card processing, age verification, website hosting, email and postal delivery, analytics services, conducting surveys and research, and performing network maintenance. We strive to contractually prohibit these service providers from retaining, using, or disclosing Your confidential personal information for any purpose other than performing agreed upon services for us.
- As part of business transactions, if we become involved with a merger, corporate transaction, or another situation involving the transfer of all of our business assets. In such cases, we may share Your information with business entities or people involved in the negotiation or transfer.
- As required by law or valid legal process,court orders, subpoenas, search warrants, or similar requests, if we believe that the disclosure is necessary to enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property, or safety of 1/ST or our customers or partners.
- Among our marketing partners, so that they may assess, develop, and provide You with promotions and special offers that may interest You, administer contests, sweepstakes and events, and for other promotional purposes.
- When You post on our digital properties or Services, the information that You post may be seen by other visitors to our websites or mobile applications, including Your user name.
- When the information does not identify You, such as when the information has been aggregated or de-identified and does not directly identify You but may be useful for statistical analysis or other business purposes.
- When You give Your consent, we may share information about You with other companies if You give us permission or direct us to share the information.
8. Cookies and similar technologies
We and others may use a variety of technologies to collect information about Your device and use of our websites and mobile applications. These technologies include first- and third-party cookies (small data files that are sent from a website’s server and are stored on Your device’s hard drive either for only the duration of Your visit (“session cookies”) or for a fixed period (“persistent cookies”)), mobile application software development kits (“SDKs”), web beacons, java scripts, and HTML local storage. We use these technologies to personalize Your experience with our Services and to participate in digital advertising.
Most web browsers can be programmed to accept or reject the use of some or all of these technologies, although You must take additional steps to disable or control other technologies.
Each browser is different, but many browsers have preferences or options that may be adjusted to allow You to either accept or reject cookies and certain other technologies before they are set or installed, or allow You to remove or reject the use or installation of certain technologies altogether. If You want to learn the correct way to modify Your browser settings, please use the Help menu in Your browser or review the instructions provided by the following browsers: Internet Explorer, Google Chrome, Mozilla Firefox, Safari Desktop, Safari Mobile; and Android browser.
- YOUR CHOICES
You have control over Your promotional communications preferences, mobile application functionality, cookie settings, interest-based advertising preferences, and more. We respect Your privacy rights and encourage You to communicate with us if You have questions.
Promotional Communication Choices – You can opt out of receiving promotional emails and mailings by contacting us as described in the “Contacting 1/ST” section below. You may also unsubscribe by following the “unsubscribe” instructions in the promotional emails we send You.
Similarly, You may opt in to receive text messages, telephone calls and mailings. Please note that if You opt out of receiving promotional communications from us, we may still send You transactional communications, including emails about Your 1/ST accounts or purchases.
Cookie Settings – For information on how to control Your browser cookie settings, see the “Cookies and Similar Technologies” section above.
For more information on how to opt-out of tracking technology from Google Analytics, click here.
Interest-Based Ads – Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI), both of which maintain websites where people can opt out of interest-based advertising from their members. To opt-out of website interest-based advertising provided by each organization’s respective participating companies, visit the DAA’s opt-out portal available at http://optout.aboutads.info/, the DAA of Canada’s opt-out portal available at https://Youradchoices.ca/en/tools, or visit the NAI’s opt-out portal available at http://optout.networkadvertising.org/?c=1.
To opt-out of data collection for interest-based advertising across mobile applications by participating companies, download the DAA’s AppChoices mobile application opt-out offering here: https://Youradchoices.com/appchoices.
Mobile Functionality – Where applicable, mobile application functionalities such as push notifications, access to contacts, and location services all may be adjusted or disabled within Your mobile device settings.
11. PUBLIC FORUMS
Please be aware that any information (personal or otherwise) that is disclosed online in a message board or chat room makes that information public information. You should exercise caution when deciding to disclose Your personal information online. 1/ST is not responsible for personally identifiable information posted on such message boards or chat rooms.
12. SECURITY and legal process
1/ST has adopted and implemented and will maintain reasonable and technologically feasible procedures for maintaining the security, accuracy and integrity of all personal information that is collected by our Services in order to attempt to protect against the loss, misuse and alteration of the personal information under our control.
Please be advised, however, that the Internet and other various networking communication mediums are never one hundred percent secure and may be subject to interception or loss which is beyond the control of 1/ST. Also be advised that the security, integrity and privacy of any and all information and data exchanged between You and 1/ST through the Services cannot be guaranteed. You should consider any information provided to or collected by the Services as non-confidential, and consequently the Site/App assumes no liability or responsibility if any of Your personal information is intercepted and/or used by an unintended recipient.
1/ST will not monitor, edit or deliberately disclose the contents of Your private communications or files, except in circumstances where we obtain information that appears to pertain to the commission of a crime or where we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person exists. In such cases, 1/ST may voluntarily disclose the record or the contents of Your communications or other information about You to law enforcement agencies and governmental entities without providing You advance notice.
Legal Process – Upon receipt of an applicable search warrant or administrative, grand jury or trail subpoena, 1/ST may be required to disclose to the government or law enforcement agencies, without advance notice to You, the content of Your communications and other records relating to Your electronic communications, as well as the following records: Your name and address; records of Your online communications (including session times and duration); how long You have subscribed to our Service(s) (including start date) and the type(s) of Service(s) utilized; Your telephone number or other subscriber account identifying number(s), including any Internet or network address(es) assigned to You by our network; and means and source of Your payment(s) (including any credit card or bank account number).
Moreover, as described in Section 7 above, we will disclose your personal information as required by law or valid legal process or court orders, subpoenas, search warrants, or similar requests, if we believe that the disclosure is necessary to enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property, or safety of 1/ST or our customers or partners.
13. CHILDREN’S GUIDELINES
1/ST websites, mobile applications, and Services are not intended for children under the age of 18 years old and we do not knowingly collect any personal information from such individuals. If You become aware of the possibility that we have obtained information from a child under the age of 18 years old, please notify us immediately so that we may take the appropriate actions.
15. ACCESS TO Your INFORMATION
1/ST believes in putting You in control of Your personal information. In most cases, You may access or updateYour personal information by visiting Your user account. In addition, You may request access to Your own personal information by contacting us by writing to the Santa Anita Marketing Department, 285 W. Huntington Drive
Arcadia, California 91007, or by e-mailing us at Privacy@santaanita.com.
At the time of Your request for access to Your personal information, we will need specific information to verify Your identity before we can provide You with the personal information requested. In some instances, we will not be able to provide You with the personal information You request, for instance where that information (i) contains references to other persons, (ii) has been destroyed due to legal requirements or because the information has served its purposes, or (iii) is subject to legal protections that prevent disclosure (e.g. information this is subject to attorney-client or litigation privilege). If we are unable to provide You with access to Your personal information, we will explain why and advise You as to any recourse available to You.
We are committed to maintaining the accuracy of Your personal information, and we encourage You to notify us of inaccuracies or corrections. Timely notification of a change of address or telephone number helps us in providing You with the best possible service. You may change Your personal information in our records at any time and as often as necessary. If You request removal or deletion of Your personal information, You acknowledge that residual information may continue to reside in 1/ST’s records and back-ups.
- California Privacy Rights
This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018, as amended (“CCPA”), below is a summary of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect Your Personal Information, where we obtain the Personal Information, and the third-parties with whom we may share Your Personal Information.
- Identifiers such as a name, address, unique personal identifier, email address, phone number, Your device’s IP address, and identification numbers associated with Your devices.
- Protected classifications, such as gender.
- Commercial information such as records of products or services purchased, obtained, or considered by You.
- Biometric information, such as Your image on closed circuit cameras for video surveillance and security.
- Internet or other electronic information regarding You browsing history, search history, the webpage visited before You came to our Services, length of visit and number of page views, click-stream data, locale preferences, Your mobile carrier, date and time stamps associated with transactions, and system configuration information.
- Your geolocation, to the extent You have configured Your device to permit us to collect such information.
- Audio recordings of Your voice to the extent You call us, as permitted under applicable law.
- Professional or employment-related information.
- Inferences about Your preferences, characteristics, behavior and attitudes.
We generally do not collect education-related information. For more information about the Personal Information we collect, please refer to Section 2 (“Collection of Personal Information,” above.
We collect Your Personal Information for the business purposes described in Section 3 (“Use of Personal Information”), above. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.
The categories of third-parties with whom we may share Your Personal Information are listed in Section 7 (“Disclosure of Personal Information”), above.
If You are a California resident, You have rights in relation to Your Personal Information; however, Your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, Your account with us or the security of our network systems.
- Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against You for exercising Your right to know, delete or opt-out of sales.
- Right to Know. You have the right to request: (i) the categories of Personal Information we have collected about You, (ii) the categories of sources from which Personal Information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third-parties with whom we have shared Personal Information, and (v) the specific pieces of Personal Information we hold about You. You have the right to request a copy of the specific Personal Information we collected about You during the 12 months before Your request.
- Right to Delete. You have the right to request us to delete any Personal Information we have collected from You or maintain about You, subject to certain exceptions.
To assert Your right to know or Your right to delete Your Personal Information, please contact according to the “Contact 1/ST” section below. To verify Your identity, we may ask You to verify Personal Information we already have on file for You. If we cannot verify Your identity from the information we have on file, we may request additional information from You, which we will only use to verify Your identity, and for security or fraud-prevention purposes.
In particular, we may sell contact information to third party partners for their marketing purposes or certain cookie-related information for digital advertising purposes. To the extent such sharing is considered a “sale” under the CCPA, as a California resident You have the right to opt-out of such sharing. If You would like us to no longer share Your Personal Information in this way, please contact us according to the “Contact 1/ST” section below. If You opt-out, we may be unable to offer You some of our Services which require sharing of Personal Information.
In addition, California Civil Code Section 1798.83 permits customers and users of our Services who are California residents to request certain information regarding our disclosure of Personal Information to third-parties for their direct marketing purposes. In Your request, please specify that You would like a “California Shine the Light Notice.” Please allow 30 days for a response.
- Nevada Privacy Rights
This section applies only for Nevada residents. Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons.
“Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. If you are a Nevada resident who has provided us personally identifiable information, you may submit a request to opt out of any potential future sales under Nevada law by contacting us as described below. We will take reasonable steps to verify your identity and the authenticity of the request.
18. CONTACTING 1/ST (Santa Anita Park)
SANTA ANITA MARKETING DEPARTMENT
285 W. Huntington Drive
Arcadia, California 91007