Privacy Policy

Last updated: June 8, 2020

Your privacy matters to Keeneland Association, Inc. (“we”, “us”, “our” or “Keeneland”). This Privacy Policy is meant to help you understand:

• What data we collect and why we collect it;

• What we do with your data; and 

• Your rights to access, update and delete your data. 

Please read this Privacy Policy carefully and contact us with any questions at any time.  

As a general matter, this Privacy Policy covers any information that you give us, including when you 

• Visit or register for any of our Keeneland-branded websites or apps (including, but not limited to, https://www.keeneland.com/, https://www.keenelanddigital.com, https://keenelandmercantile.com/, and (collectively, the “Website”);

• Bid on an item;

• Purchase something from us; 

• Register for or attend any of our live events;

• Request a catalog, sign up for any of our print or online publications or newsletters;

• Publish information on Keeneland’s pages on social media platforms; and

• Access any service offered by us through the Website, specifically including, but not limited to, our sales portals, all mobile, tablet and other smart device applications, and any application program interfaces and associated services (collectively, the “Service”). 

We will publish a link to the Privacy Policy at the bottom of online properties to which it applies and as often as possible, will include its URL, https://www.keeneland.com/about/privacy-policy on paper forms to which it is applicable.

1.         OUR ROLE

Keeneland processes data on the Service as both a data processor and data controller. We refer to our employees, directors, officers, contractors, owners, parents, subsidiaries and agents as our “affiliates” throughout this Privacy Policy.

2.         INFORMATION WE MAY COLLECT

We collect information from you to provide you with better service as discussed in more detail below.

2.1       Information You Give Us:

Keeneland collects and stores any information that you enter on the Service or give us in any other way. Some of the services available through our Service (such as our sales portal) require you to sign up for a Keeneland account (“Keeneland Account”). When you decide to register for a Keeneland Account, we will ask for your personal information, such as your first and last name, phone number, mailing address, and email address. If you choose to purchase a product from us, register for any of our sales portals or otherwise disclose personal information to us in connection with a Keeneland sale, we will ask for certain personal and financial information that is necessary for us to complete performance of the contract or to, at your request, enter into a contract with you. 

2.2       Information We Collect from Your Use of Our Service: 

• Log Data and Device Information. We may collect log data and device information when you access and use our Service, even if you have not created a Keeneland Account or are logged into our Service. That information includes, among other things: details about how you’ve used our Service (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using our Service.

• Location Information. We may collect and process information about your actual location. We use various technologies to determine IP address, GPS, and other sensors that may, for example, provide us with information on nearby devices, Wi-Fi access points and cell towers.

• Device Information.If you use the Service on a mobile device or through a mobile application or sign up for SMS notifications or push notifications (where available), we may obtain information specific to mobile activity through use of our Service, such as, for example, your precise or approximate location, your mobile device identifier and/or IP address, the name you have associated with your device, device type, telephone number, country and geolocation. Most mobile devices allow you to control or disable location-based services and other information provided by your device.

• Cookies and Similar Technologies. Keeneland, its affiliates, service providers and/or advertisers may use “cookies” (text files placed by a Website’s server on a visitor computer hard drive) and other similar technologies, such as “web beacons”, “pixel tags” and mobile identifiers. These technologies collect and store information when you interact with the Service and personalize the Service for you based on your preferences and selections. These technologies are also used to track visitor traffic patterns and other information for marketing and business purposes. You can set your web browser to disable or delete cookie data, but by doing so, you may be preventing yourself from taking advantage of the convenience this technology offers. 

• Payment Transaction Information or Other Sales Information. We collect information related to your payment transactions through the Service and/or information related to sales, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, IBAN information, your name, address and other related transaction details. This information is necessary for the adequate performance of the contract between you and Keeneland.

• Aggregate Information.  We may also collect information that is not personally identifiable, such as history of pages viewed, advertising, and other analytic data.

2.3       Information We Collect from Third Parties: We may collect information, including personal information, from you if you access any aspect of our Service through a third party service, such as Facebook©. If you connect to our Service through a third party service, you allow us to access and import information from your profile from that third party service, which may affect the privacy settings you establish on the third party service. You can find out more about these privacy settings at the third party service. By using our Service through a third party service, you are authorizing us to collect, store and use any information that third party service provides to us through the third party service’s interface with Keeneland. You agree to this when you “accept” or “allow” one of our applications on the social networking site. 

These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Service. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 

2.4       Other Information. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Service through partnerships, or about your experiences and interactions from our partner ad networks.

For more information about how to access, manage or delete information that is associated with your Keeneland Account, visit the Your Rights Section of this Privacy Policy.

3.         HOW WE USE INFORMATION WE COLLECT

We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the Service, to enter into and perform contracts with you, to create and maintain a trusted and safer environment and to comply with our legal obligations as discussed in more detail below. We, our affiliates and third party service providers may use, store, and process information collected as follows:

3.1       Provide, Improve and Develop Our Service:  

• Enable you to access the Service and/or your Keeneland Account.

• Enhance or personalize your visitor or customer experience.

• Provide information or services you have requested.

• Provide customer service.

• Process and maintain your registrations and/or your Keeneland Account.

• Send you service or support messages, updates, security alerts, and account notifications.

• Fulfill any other purpose for which you provide it.

• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including billing and collection.

• Notify you about any changes to our Services or any products or services we offer or provide. 

• Conduct and administer sales in accordance with any applicable Conditions of Sale or other applicable terms and keep proper records of those transactions.

• Study the use and popularity of our Service.

• Diagnose problems with our server and to administer our Service.

• In any other way we may describe when you provide the information.

• For any other purpose with your consent. 

We process this information given our legitimate interest in improving our Service and our customers’ experience with it, and where it is necessary for the adequate performance of the contract with you.

3.2       Create and Maintain a Trusted and Safer Environment: 

• Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
• Conduct security investigations and risk assessments.
• Verify or authenticate information or identifications provided by you. 
• Comply with our legal obligations.
• Resolve any disputes with any of our customers and enforce our agreements with third parties.
• Enforce our Terms of Service and other policies.

We process this information given our legitimate interest in protecting our Service, to measure the adequate performance of our contract with you, and to comply with applicable laws.

3.3       Provide, Personalize, Measure, and Improve our Advertising and Marketing:

• Send you email or SMS notifications of new features and other Keeneland news, but only in instances where you have elected to receive such information. There is an optional section of our Website where input forms require your name, phone number, company, and e-mail address. This form provides the ability to opt-in to receiving future emails of any sort from Keeneland. If you opt-in to receiving email communications from us, then we may send information to you on our products or services. This information will not be used for any other purpose, except as required by law or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Service.

• Personalize, measure, and improve our advertising. 

• Administer referral programs, rewards, surveys, contests, or other promotional activities or events sponsored or managed by Keeneland or its third party partners.

• Provide advertisers with aggregate information about our visitors and customers.

We process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. 

You may review and change or delete your information with us at any time by clicking on the “modify profile” link on the Website or similar found at the bottom of emails sent via our system, or by contacting us at [email protected] To opt-out from having any provided information used for email communications from us, please click on the opt-out (unsubscribe) link in any message you receive from us. This will allow you to unsubscribe or update your message preferences. Alternately, you may contact us at [email protected]. 

4.         HOW WE SHARE INFORMATION WE COLLECT

4.1       Consent:  Where you have provided express consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your Keeneland Account or when you participate in promotional activities conducted by Keeneland or third parties.

4.2       Agents and Service Providers:  We employ other businesses and individuals to perform functions and provide certain services on our behalf. Examples of these functions and services may include providing a platform for any auctions conducted via the Service (including, but not limited to, virtual, digital, online, or integrated auctions), site analysis, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. Such parties may have access to personally identifiable information needed to perform their functions.

4.3       Aggregate Information:  We may share aggregate information, such as site usage statistics, with advertisers, sponsors or other organizations. When this type of information is shared, the other parties do not have access to your personally identifiable information.

4.4       To Perform Contracts.   We may share personal information you have provided to us, specifically including, but not limited to, sales information, as is necessary to take steps to enter into a contract and/or to adequately perform our obligations and protect our rights arising from such a contract. 

4.5       Information You Make Public.  The Service, including mobile applications and pages we make available through social networking sites, such as Facebook©, may have features that allow you to post information that can be viewed by other visitors, such as commenting, chat rooms, forums and message boards.  You are not required to provide any personal information when using these features but you may choose to do so. If you post personal information online, it will be publicly available and you may receive unsolicited messages from other parties. In addition, when you post a comment to a mobile application, the user name with which you registered for the Service and your current location may be made publicly available on the Service and through the mobile application. We cannot ensure the security of any information you choose to make public using these features, and it may remain available indefinitely. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information in these areas.

4.6       Affiliates:  We may share your information (including without limitation personally identifiable information) with our affiliates that are related by common ownership or control. 

4.7       Transfers:  In the event that our assets are sold or transferred to another party, or another transaction occurs in which your personally identifiable information is one of the assets transferred, all information that has been collected and saved may be one of the assets we transfer. We will post a notice on the Service in the event of such a transfer.

4.8       Legal Process and Compliance with Laws and Policies: We or others may disclose your personal information and any other information collected by the Service to law enforcement agencies and other third parties without notice to you in order to comply with applicable law, to investigate suspected fraud, harassment or other violations of applicable law or of our Service policies, to protect our or third parties’ rights, or to protect the rights of other visitors or customers.

4.9       Refer a Friend/Forward-to-a-Friend Functionality: If you feel that information about Keeneland could be useful for a third party you know (e.g.your friends or family members etc.), you may use our forward-to-a-friend functionality. If you choose to use our referral service to tell a friend about Keeneland, we will ask you for your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the Website if he or she wishes to do so. Keeneland stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

5.         YOUR RIGHTS

You may exercise any of the rights described in this section by sending an email to [email protected]. Please note that we may ask you to verify your identity before taking further action on your request. 

5.1       Managing Your Information: You may access and update some of your information through your Keeneland Account settings. We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following controls over your information:            

• Tracking Technologies. If you do not want us to collect your personal information through the use of automated data collection technologies (including but not limited to, cookies, pixels and similar technologies), for any of the purposes set forth in the How We Use Information We Collect Section of this Privacy Policy, you may adjust your browser setting to reject or delete data collection technologies. For more information, visit your browser’s web settings.

• Promotional Offers. If you do not wish to have your contact information used by Keeneland to promote our products or services, you can opt-out by sending us an email with your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

5.2       Rectification of Inaccurate or Incomplete Information: You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Keeneland Account).

5.3       Data Access and Portability: In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

5.4       Data Retention and Erasure: We generally retain your personal information for only as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Service to you, you can request that we erase your personal information and close any Keeneland Accounts created through the Service by following the instructions in the Contact Us section below. Please note that if you request the erasure of your personal information:

• We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. 
• We may retain and use your personal information to the extent necessary to comply with our legal obligations, such as for tax, legal reporting and auditing obligations. 
• Because we maintain the Service to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

5.5       Withdrawing Consent and Restriction of Processing: Where you have provided your consent to the processing of your personal information by Keeneland, you may withdraw your consent at any time by sending a communication to Keeneland specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. 

5.6       Objection to Processing: In some jurisdictions, applicable law may entitle you to require Keeneland not to process your personal information for certain specific purposes (including profiling). If you object to such processing, Keeneland will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.Where your personal information is processed for direct marketing purposes, you may, at any time ask Keeneland to cease processing your data for these direct marketing purposes by sending a communication to Keeneland.

5.7       Lodging Complaints: You may have the right to lodge complaints about the data processing activities carried out by Keeneland to the appropriate data protection authorities.

6.         CALIFORNIA PRIVACY RIGHTS

California law requires us to disclose information regarding the categories of personal information that we have collected about California residents, the categories of sources from which the information was collected, the business or commercial purposes (as those terms are defined by applicable law) for which the information was collected, and the categories of parties with whom we share personal information. The disclosures made in this Section 6 are in addition to those set forth elsewhere in this Privacy Policy, all of which shall also apply to California residents.

6.1       The following table sets forth the categories of personal information we may collect, the source of that personal information, and how we may use and share such personal information.

Category of Personal Information Collected	Source of Information	Purpose for Collection	Categories of Potential Recipients
Contact Information: such as your name, mailing address, email address, or telephone number.	You.	To communicate with you when you contact us, when you request customer service or support, or to complete your registration on our Service. To fulfill the terms of any applicaple Conditions of Sale. To administer your account. To provide you with offers that may be of interest to you, to send you information, newsletters, promotional materials and other offerings from us or on behalf of our partners and affiliates.	Our third-party vendors and service providers. Our business partners and affiliates.
Payment Transaction Information:  purchase and payment details, such as payment instrument used, card and issuer type and related information, and other transaction related details.	You; Automatically collected from you based on your use of our Services; Third-parties (such as agents/service providers); Your payment card issuer.	To fulfill the terms of any applicaple Conditions of Sale. To validate, confirm, verify, deliver, and track your order, returns and refunds and maintain a record of the purchases you make. To provide you offers that may be of interest to you.  To prevent, detect, investigate, and respond to potential fraud or unauthorized access to and/or use of the Service.	Our agents and service providers who process orders and provide other services on our behalf (such as customer service and providing a platform for virtual auctions conducted via the Service)
Preference Information:  such as your marketing preferences, account settings (including any default preferences), any preferences you have indicated, the types of services and/or offers that may interest you, the areas of our Service that you have visited and/or the ways that you interact with our Service.	You; Automatically collected from you based on your use of our Services.	To enhance your experience, including as a way to recognize you and welcome you to the Service. To provide you with customized content, targeted offers from us or others, promotions and advertising on the Service.	Our third-party vendors and service providers that perform website analytic services for us or enable the customization of offers to you to improve your experiences on the Service.  Our business partners and affiliates.
Device Information:  such as your IP address, internet provider, operating system and browser type, type of device, cookie settings and other device details.	You; Automatically collected from you based on your use of our Services; Third-parties (such as agents/service providers).	To make sure our Services work properly with your device and make sure you can see and use our Services on the device you are using.  For analytical and demographic purposes, and to provide offers that may be of interest to you.  We may also use this information to protect the security and integrity of the Service and our business, such as by protecting against and preventing fraud and unauthorized transactions.	Our service providers who help us with fraud protection.  Third-party vendors and service providers that perform website analytic services.
Location Information: such as your IP address, GPS coordinates, nearby devices, Wi-Fi access points and cell towers.	You; Automatically collected from you based on your use of our Services; Third-parties (such as agents/service providers).	For analytical and demographic purposes, and to provide offers that may be of interest to you.  We may also use this information to protect the security and integrity of the Service and our business, such as by protecting against and preventing fraud and unauthorized transactions.	Our service providers who help us with fraud protection.  Third-party vendors and service providers that perform website analytic services.
Aggregate Information:  non-personally identifiable information, such as history of pages viewed, advertising and other analytic data.	Automatically collected from you based on your use of our Services; Third-parties (such as agents/service providers).	We will use this information in an aggregated non-specific format for analytical and demographic purposes. We also will use this information to protect the security or integrity of the Service and our business, such as by protecting against fraud and unauthorized transactions.	Our third-party vendors and service providers that perform website analytic services for us. Our business partners and affiliates.
Legal Information:  fraud warnings, payment card refusals, suspected crimes, complaints, claims and accidents.	You; Third-parties, such as the police, crime and fraud prevention agencies and payment card providers.	To protect you, other customers and our business against criminal activities and risks. To make sure we understand and can meet our legal obligations to you and/or others. To comply with applicable law.	Our service providers who help us with fraud protection and credit risk reduction.  Law enforcement and other governmental authorities in accordance with applicable law.