Please be aware that this Policy only governs our use of personally identifiable information that is collected when you are on the Website. This Policy does not extend to the use of data submitted to us offline or submitted on any third party websites to which links may be provided on the Website, including our home page, www.americascup.com, and any other America’s Cup team page. We encourage you to review the privacy policies of any other websites you visit in order that you understand how they collect, use and share information.
Changes to this Policy
We reserve the right to change this Policy at any time. Any changes in the future will be posted to the Website. Accordingly, we recommend that you check this page periodically in order to review our current Policy. Any changes will be effective immediately upon posting to the Website.
Additional rights and obligations
This Policy applies in addition to, and does not limit, our rights and obligations under the New Zealand Privacy Act 1993 and any other data protection laws that may apply to your personal information (in each case, as amended or replaced from time to time) (Privacy Laws) or any specific authorisation that you provide to us when you interact with us or use the Website.
Collection of Personal Information from you
In general, you can access and browse the Website without providing personal information. However, there may be times when we will request, or you will provide to us, or authorise us to collect, personally identifiable information from you (such as your email address). We may also collect information about you from messages you post to any forum or message board and emails and other communications you may send to us from time to time.
You are not required to provide us with any personal information that we request. However, if you do not do so, we may not be able to use some parts or functions of the Website.
It is your responsibility to ensure that the information we hold about you is accurate and up to date. Please update us if any information that you have provided to us changes, by using the details in the Contact Us section below.
Collection of your Personal Information if you are under 16 years
If you are under the age of 16 and you provide us with your email address:
- we may send you emails with information about products, services and events (refer below for further details); and
- you confirm that your parent or guardian has authorised you to establish your email account and to submit your email address to us for this purpose.
We will not use your email address for any other purpose and we will not knowingly collect any other personal information about you. However, due to the very limited scope of personal information that we collect, we are not able to independently verify your age or that you have complied with this section and, based on the family-friendly content of our communications, we do not take additional steps to do so. We rely on your parent or guardian to monitor your email account, including the fact that you have submitted your email address to us.
Collection of Personal Information from Third Parties
We generally collect personal information (if any) directly from you. In some instances, we may supplement the information collected from you with information that is received or otherwise obtained from third parties.
If you provide any personal information to us about another person, you confirm that you have the authority of that person to share their information with us and to permit us to hold, use and disclose their information in accordance with this Policy. You must inform them of their rights to access and request correction of their personal information set out below.
Use of your Personal Information
We and our partners use your personal information in order to:
- administer or develop the Website and support your use of the Website;
- send to you, and display on the Website, details about products, services and events that might interest you, from us and from third parties, including by email and other electronic means (unless you opt out of these communications – refer to the “opting out of marketing communications” section below); and
- for any other purpose authorised by you or permitted by law.
We require our partners to adhere to our confidentiality requirements and to the requirements of Privacy Laws.
We and our partners may also use your personal information to help us assess the level of interest in the Website, our e-mails, and our other messaging campaigns. In particular, we reserve the right to perform statistical analysis of user behaviours and characteristics in order to measure interest in and use of the various areas of the Website and to ascertain the number of users that have visited particular pages of the Website. We will provide only aggregated data from these analyses to third parties, and such statistical data will not identify any individual.
Opting out of marketing communications
We may use your personal information, and disclose your personal information to third parties, for marketing purposes. Nonetheless, you have the right to “opt out” of such sharing and receiving marketing communications. If you prefer not to have your personal information shared or not to receive information from us or from any other organisation, please ensure that you tick the appropriate box which appears where you are submitting your personal information or contact us using the information provided in the “Contact Us” section below. Please note that:
- it may take us a few days to process your request
- to stop receiving communications from a third party with whom we have already shared your personal information as of the date of your request, you must contact that third party directly,
- even if you “opt out” of receiving marketing correspondence, we may still contact you in connection with your relationship, activities and communications with us.
Disclosure of your Personal Information
We may share your personal information with third parties for a variety of reasons. In addition to sharing your personal information with third parties who provide services to us, we may share your personal information with:
- our partners, including the Challenger of Record 36 S.r.l.;
- sponsors so that they may contact you from time to time about events, products and services which may be of interest to you;
- our related companies and organisations, partners, contractors and service providers (including IT services providers), to assist us with the operation of the Website; and
- any other party authorised by you or to whom we are required or authorised to disclose personal information in accordance with applicable law.
In addition, we may share aggregate Website usage information that does not identify individual users with third parties for any reason, including, for example, marketing or analytical purposes.
Personal Information that we collect is either held by us at our head office (refer to the Contact Us section below) or on our behalf. For example, some information we hold will be stored in “the cloud” in secure databases on our behalf by third parties based overseas. The use of these services, and the transfer of information overseas (if applicable) will not relieve us of our obligations under Privacy Laws and this Policy.
Whenever we collect your personal information, we’ll only keep it for as long as is necessary for the purpose for which it was collected. At the end of that period, your personal information will either be deleted completely or anonymised, for example by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning.
We employ reasonable security measures to help safeguard the information we collect from you on the Website, including technical and organisational measures designed to secure your personal information from accidental loss and from unauthorised access, use, alteration or disclosure. Nevertheless, the Internet is an open system and we cannot guarantee that unauthorised third parties will never be able to access or use your personal information for improper purposes.
- Transfer of Personal Information overseas
Sometimes we will need to share your personal data with third parties and suppliers outside New Zealand and outside the European Economic Area (EEA). We may transfer personal data that we collect from you to third-party data processors in countries that are outside the country or region in which you are located.
If we do this, we have procedures in place to ensure your personal information receives the same protection as if it were being processed in New Zealand or the EEA.
As is the case with many websites, our servers automatically collect certain non-personal information about your interaction with the Website and the services on the Website. We receive and record information on our server logs from your browser including your browser type and your IP address when you visit the Website. We may also capture certain clickstream data, which includes, for example, the referring page that linked you to our Website, the pages you visit on our Website, the next website you visit when you leave our Website, and any search terms you have entered on our Website or a referral site.
Local shared objects (“LSOs”), commonly called “Flash cookies,” may be stored on your hard drive using a media player installed on your computer or device. Flash cookies operate a lot like other cookies, but cannot be managed in the same way as non-Flash cookies. For more information on Flash cookies, click here.
A pixel tag, also known as a “clear GIF” or “web beacon,” is typically a one-pixel, transparent image (although it can be a visible image as well), located on a webpage or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a webpage or message. A pixel tag may enable us to relate your viewing or receipt of a webpage or message to other information about you, including your Personal Information.
Accessing and updating your personal information
Under Privacy Laws, you have the right to access and request correction of any personal information that we hold about you. Please refer to the Contact Us section below. We may charge a small fee towards the cost of administering your request.
If the Data Protection Directive (2016/679)(EU) (GDPR) applies to any personal information that we hold about you, you may have additional rights in respect of, for example, the right to erasure of your data and data portability. If you would like further information please contact us at the details set out in the Contact Us section below.
We welcome your questions and comments about privacy. Please feel free to contact us:
America’s Cup Event Limited
168 Beaumont Street, Auckland, (1010) New Zealand