Privacy Policy
Racetrack Hero
Last modified on January 23, 2023
Orcha Software LLC (“Company,” “us,” “we,” or “Orcha”) provides the racetrackhero.com website, the associated Racetrack Hero Mobile Applications, and the telemetry devices (collectively, the “Site”) and takes your privacy and security seriously. This Privacy Policy explains how we collect, use, share and protect personal data (“Personal Information”) we receive from users.
We collect Personal Information from users when they view, access, use, or register through the Site or use any related services offered therein (collectively, “Services”). The provision of certain information is contractually required based on your use of the Services.
This Privacy Policy applies to persons and businesses anywhere in the world that may access the Site. By using the Site or our Services, you agree to be bound by this Privacy Policy in full. If you do not wish to provide Personal Information or be bound by this Privacy Policy, you may not use the Site or the Services.
The Company reserves the right to modify, change, or replace this Privacy Policy at any time by updating this document. You agree to be bound by the most recent version of the Privacy Policy available on the Site. The date of the last modification will be displayed near the top of the Privacy Policy.
INFORMATION COLLECTED
Our legal basis for collecting and processing your Personal Information is (i) your explicit consent when accessing the Services and (ii) a legitimate interest and need in order to provide specific Services offered on the Site, as described in our Terms of Service. We may collect the following Personal Information from users:
Information You Provide Voluntarily. We regularly receive and store any information you enter on the Site or give us in any other way, whether it be through filling out a form, or through an actual communication. You may elect to not provide certain information, but such an election may prevent you from taking advantage of many of our features. We use the information that you provide for purposes such as: responding to your communications and/or requests, customizing future experiences on the Site for you, improving our Site, and communicating with you in any other way. The types of personally identifiable information which may be collected through your use of the Site include, but are not limited to: your name, physical address, any email address, phone numbers, fax numbers, billing address, shipping address, car make and model, performance modifications to your vehicle, product selections or views, order and/or confirmation numbers, financial account information, debit card numbers and expiration dates, credit card numbers and expiration dates, credit card account information, referring URLs, IP addresses, passwords, usernames, gender, occupation, personal interests, your age and information about your hobbies, likes, interests in and regular use of certain products, programs and other services you use or may be interested in. You voluntarily provide the above personally identifiable information to us when you enter such information on the Site, whether input with the intention of facilitating a purchase, payment, newsletter subscription, promotion or contest and/or any other special offers or benefits. You are the source of this information.
Information Provided Automatically. Upon your use or interaction with the Site, we automatically receive and store certain types of information. We obtain certain types of information when the browser you are using accesses the Site, and other content served on the Site itself, or on behalf of the Site through other web sites.
Vehicle Information: Information about your vehicle speed, position, and other data will be collected.
Your IP Address: Your Internet Protocol (“IP”) address is a unique identifying code which is used in connecting your computer to the Internet. Your IP Address may be used for various purposes, including to: (i) help us identify you, and your purchase orders, and to gather general and broad demographic information; (ii) help us diagnose or service technology problems that are associated with the IP addresses controlled by a specific Web company or ISP; (iii) help us estimate the total number of users visiting the Site located in certain geographic locations; and (iv) help us determine which users have access privileges or restrictions to certain content available on the Site.
Device Identifier: We may provide services that allow users to visit, view, access, and customize the Site and other content through the use of their mobile devices such as: phones and other similar electronic devices. When the Site is accessed through these devices rather than a computer, different information may be collected. When you visit or connect with the Site through the use of a mobile device that has Internet accessibility, in the event that the mobile device service provider uniquely identifies the device, we will be able to receive this identifying information. We may use this unique device information to be able to offer extended services and/or functionality. Certain services, offers you elect to enroll in, or purchases you wish to make through the Site may require the collection of the phone number for your device. We may associate and categorize the phone number collected along with the mobile device information.
Your Physical Location: Some mobile phone service providers in the United States are required to operate using a certain functionality which pinpoints the physical location of any mobile devices currently using their service. Depending upon which service provider your device is enrolled with, and if you are visiting the Site while you are located in the United States, we may automatically receive this information. We may use and store such information received in order to assist us in providing opportunities for services based on your location. If you are using one of our telemetry devices (“Telemetry Device”) to track your vehicles data, then you are granting us access to automatically record your pinpoint location and continuously track and record the location in which the Telemetry Device travels.
Web Cookies: For advertising and other purposes as described below, we use a feature in your Internet Web browser called a “cookie,” which is a piece of information stored on your hard drive, that identifies your intra- and inter-requests on the Site. Cookies may be used for various purposes, including the tracking of your preferences which you indicate while visiting or using the Site. If you wish to disable the use of cookies, please review the Help section of your Internet browser, and review the instructions therein on how to turn off this feature. You can also indicate your choices regarding display advertising, through the use of specific platforms, which include but may not be limited to the Digital Advertising Alliance opt-out platform or the Network Advertising Initiative opt-out platform. To opt-out of these cookies, please visit the following URLs:
Beacons: Web pages included on the Site may contain e-images called a “Web beacon,” also known as a “single-pixel GIF,” which allow a Site to count the number of users who have visited that particular page or to access specific cookies and the information contained therein. We may use such Web beacons for the following purposes: (a) to count and determine the number of users and to recognize such users through the accessing of Site cookies, (b) to count, determine, and recognize the number of users who have opened or read emails sent to the user by us, and (c) to assist in personalizing your interaction with the Site to make the experience more efficient and enjoyable for you.
Other Types of Personal Information Collected
Other Personal Information collected by the Site includes camera permission; precise location permission (continuous); microphone permission; photo library permission. These areas listed may be freely provided by the user or collected automatically when using the site. Please note that the revoking of such permissions might impact the proper functioning of the applicable site.
Cloud Service: The Sites Cloud Service is used in instances including, but not limited to account management, user generated content uploads and downloads, statistics, and analytics. For example, in order to download and upload user generated content biographies (“Bio”), from and to the Cloud Service, registering and signing in is required. Personal Information collected by the Cloud Service include the users e-mail address, password in secure digest form, a freely selected display name, in addition to all the user generated content that are explicitly chosen to be uploaded, or allowed by the user to be automatically uploaded.
Device information (such as brand, model, IOS version and a vendor specific device identifier) and app usage information (such as purchased items and Cloud Service’s sign-in details) are periodically uploaded to the server and are used for analytics, statistics, and piracy prevention purposes.
Location Information: This Site collects the users device or Telemetry Devices location in order to provide location specific content to the user, such as nearby tracks, rate of speed, lap times, ranking and other statistics.
Bio Generated Content: The Bio generated content on this Site consists of track times, track locations, number of laps around the track, total seat time, and vehicle profiles. A Bio contains all data collected during recording of the session from the Telemetry Device or other device and includes but is not limited to location data, speed, altitude, video and audio. In addition to the aforementioned information, when the Telemetry Device is connected by the user to their vehicle, they are able receive [OBD-II data from user’s vehicle].
SHARING AND USE OF PERSONAL INFORMATION
In some instances, we may disclose certain information about you to third-parties whose practices are not governed or covered by this Privacy Policy. Due to the current and existing regulations, we are unable to specifically ensure that any or all of your personal information and private communications will not ever be disclosed in ways not covered or defined within the terms herein. One example of such activity may include the ability of third-parties to unlawfully intercept, access, or capture certain transmissions of information or private communications. If you wish for us to not disclose any personal information collected about you in any of the ways identified and described within this Privacy Policy, you should refrain from visiting or accessing the Site or any related services.
News; Offers. In some instances, we may provide certain personal information which you input while registering or signing up to receive news, offers, updates, sweepstakes or contests, to trusted, third-party partners who work directly with us. Such third-parties may use that personal information to communicate with you about certain updates, offers or surveys from us and/or such third-parties. If you wish to opt out of receiving such offers and/or materials, please email your desired request to opt out to: team@racetrackhero.com
Independent Contractors and Third-Parties. We may have third-party agents, subsidiaries, affiliates, and partners who may perform certain functions on our behalf, such as marketing, analytics, research, data analysis, credit card processing, assisting with customer service, fraud protection, etc. Such third-party entities have limited access only to the personal information necessary to perform the roles for which they are associated with us. Such third-parties are strictly prohibited from using, selling, distributing or altering this data in any way, or using the information for any activity other than required to provide the requested services for us and the Site.
Legal Disclosure. In some instances, we may disclose and release certain information in response to any legal demand, such as subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal actions or claims brought against us or the Site. We may share such information in order to investigate, prevent or take action in the event of any alleged illegal activities, suspected fraud, potential threats to the physical or financial safety of any person or entity, any violations of our terms of service, or as otherwise permissible under any applicable law.
Sharing Within Organization. In some instances, we may share your personal information with any of our subsidiaries, joint ventures, or other companies or entities which fall under common control. In the event that we transition through merger, acquisition by another company, or sale of all or a portion of our assets, your personal information may be included and among the assets to be transferred in such a transition. You hereby acknowledge and agree that such transfers may occur, and that such transfers are permitted under the terms of this Privacy Policy.
Some various ways in which we may use your Personal Information are as follows:
To provide content, materials, data analytics, biographies, and other various forms of information as it pertains to the Services.
To verify your account and user identity and to comply with laws to which we are subject.
To contact you about the Services or the Company.
To provide customer or technical support.
To analyze and improve the features and performance of the Services and to analyze usage patterns.
To inform users about offers from the Company.
We care about your privacy. We will not sell or share your Personal Information with third-parties other than as expressly provided for in this Privacy Policy.
THIRD PARTY LINKS
You may encounter links to third party websites, videos, pictures, and applications (“Third-Party Links”) when using the Services. We cannot control the content on these Third-Party Links and we can make no guarantees as to the protection and privacy of any information which you submit to these Third-Party Links. Please exercise caution when accessing Third-Party Links.
CHILDREN
We do not knowingly collect Personal Information from any child under the age of 13. No one under the age of 18 is permitted to use the Site.
SECURITY
Your security is important to use. We use commercially reasonable methods of protecting your Personal Information. Nevertheless, we cannot guarantee the safety or security of any Personal Information. Further, transmission of Personal Information cannot be made completely secure. For that reason, you agree to transmit Personal Information to the Company solely at your own risk.
COOKIE POLICY
We use cookies on this Site and Service. By using the Service, you consent to the use of cookies.
Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.
What are cookies?
Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.
Cookies can be “persistent” or “session” cookies.
How do we use cookies?
When you use and access the Service, we may place a number of cookies files in your web browser.
We use cookies for the following purposes: to enable certain functions of the Service, to provide analytics and to store your preferences.
We use variations of both session and persistent cookies on the Site and Service and we use different types of cookies to assist in running the Service.
Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
What types of cookies may we use?
The following cookies listed below are those which we may use to collect certain information about you.
Third-party cookies
In addition to our own cookies, we may also use various third-parties’ cookies to report usage statistics of the Service, deliver advertisements on and through the Site and Service, and so on.
What are your choices regarding cookies
If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser. If you delete cookies or reject them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
INFORMATION COLLECTED
Our legal basis for collecting and processing your Personal Information is (i) your explicit consent when accessing the Services and (ii) a legitimate interest and need in order to provide specific Services offered on the Site, as described in our Terms of Service. We may collect the following Personal Information from users:
Information You Provide Voluntarily. We regularly receive and store any information you enter on the Site or give us in any other way, whether it be through filling out a form, or through an actual communication. You may elect to not provide certain information, but such an election may prevent you from taking advantage of many of our features. We use the information that you provide for purposes such as: responding to your communications and/or requests, customizing future experiences on the Site for you, improving our Site, and communicating with you in any other way. The types of personally identifiable information which may be collected through your use of the Site include, but are not limited to: your name, physical address, any email address, phone numbers, fax numbers, billing address, shipping address, car make and model, performance modifications to your vehicle, product selections or views, order and/or confirmation numbers, financial account information, debit card numbers and expiration dates, credit card numbers and expiration dates, credit card account information, referring URLs, IP addresses, passwords, usernames, gender, occupation, personal interests, your age and information about your hobbies, likes, interests in and regular use of certain products, programs and other services you use or may be interested in. You voluntarily provide the above personally identifiable information to us when you enter such information on the Site, whether input with the intention of facilitating a purchase, payment, newsletter subscription, promotion or contest and/or any other special offers or benefits. You are the source of this information.
Information Provided Automatically. Upon your use or interaction with the Site, we automatically receive and store certain types of information. We obtain certain types of information when the browser you are using accesses the Site, and other content served on the Site itself, or on behalf of the Site through other web sites.
Vehicle Information: Information about your vehicle speed, position, and other data will be collected.
Your IP Address: Your Internet Protocol (“IP”) address is a unique identifying code which is used in connecting your computer to the Internet. Your IP Address may be used for various purposes, including to: (i) help us identify you, and your purchase orders, and to gather general and broad demographic information; (ii) help us diagnose or service technology problems that are associated with the IP addresses controlled by a specific Web company or ISP; (iii) help us estimate the total number of users visiting the Site located in certain geographic locations; and (iv) help us determine which users have access privileges or restrictions to certain content available on the Site.
Device Identifier: We may provide services that allow users to visit, view, access, and customize the Site and other content through the use of their mobile devices such as: phones and other similar electronic devices. When the Site is accessed through these devices rather than a computer, different information may be collected. When you visit or connect with the Site through the use of a mobile device that has Internet accessibility, in the event that the mobile device service provider uniquely identifies the device, we will be able to receive this identifying information. We may use this unique device information to be able to offer extended services and/or functionality. Certain services, offers you elect to enroll in, or purchases you wish to make through the Site may require the collection of the phone number for your device. We may associate and categorize the phone number collected along with the mobile device information.
Your Physical Location: Some mobile phone service providers in the United States are required to operate using a certain functionality which pinpoints the physical location of any mobile devices currently using their service. Depending upon which service provider your device is enrolled with, and if you are visiting the Site while you are located in the United States, we may automatically receive this information. We may use and store such information received in order to assist us in providing opportunities for services based on your location. If you are using one of our telemetry devices (“Telemetry Device”) to track your vehicles data, then you are granting us access to automatically record your pinpoint location and continuously track and record the location in which the Telemetry Device travels.
Web Cookies: For advertising and other purposes as described below, we use a feature in your Internet Web browser called a “cookie,” which is a piece of information stored on your hard drive, that identifies your intra- and inter-requests on the Site. Cookies may be used for various purposes, including the tracking of your preferences which you indicate while visiting or using the Site. If you wish to disable the use of cookies, please review the Help section of your Internet browser, and review the instructions therein on how to turn off this feature. You can also indicate your choices regarding display advertising, through the use of specific platforms, which include but may not be limited to the Digital Advertising Alliance opt-out platform or the Network Advertising Initiative opt-out platform. To opt-out of these cookies, please visit the following URLs:
Beacons: Web pages included on the Site may contain e-images called a “Web beacon,” also known as a “single-pixel GIF,” which allow a Site to count the number of users who have visited that particular page or to access specific cookies and the information contained therein. We may use such Web beacons for the following purposes: (a) to count and determine the number of users and to recognize such users through the accessing of Site cookies, (b) to count, determine, and recognize the number of users who have opened or read emails sent to the user by us, and (c) to assist in personalizing your interaction with the Site to make the experience more efficient and enjoyable for you.
Other Types of Personal Information Collected
Other Personal Information collected by the Site includes camera permission; precise location permission (continuous); microphone permission; photo library permission. These areas listed may be freely provided by the user or collected automatically when using the site. Please note that the revoking of such permissions might impact the proper functioning of the applicable site.
Cloud Service: The Sites Cloud Service is used in instances including, but not limited to account management, user generated content uploads and downloads, statistics, and analytics. For example, in order to download and upload user generated content biographies (“Bio”), from and to the Cloud Service, registering and signing in is required. Personal Information collected by the Cloud Service include the users e-mail address, password in secure digest form, a freely selected display name, in addition to all the user generated content that are explicitly chosen to be uploaded, or allowed by the user to be automatically uploaded.
Device information (such as brand, model, IOS version and a vendor specific device identifier) and app usage information (such as purchased items and Cloud Service’s sign-in details) are periodically uploaded to the server and are used for analytics, statistics, and piracy prevention purposes.
Location Information: This Site collects the users device or Telemetry Devices location in order to provide location specific content to the user, such as nearby tracks, rate of speed, lap times, ranking and other statistics.
Bio Generated Content: The Bio generated content on this Site consists of track times, track locations, number of laps around the track, total seat time, and vehicle profiles. A Bio contains all data collected during recording of the session from the Telemetry Device or other device and includes but is not limited to location data, speed, altitude, video and audio. In addition to the aforementioned information, when the Telemetry Device is connected by the user to their vehicle, they are able receive [OBD-II data from user’s vehicle].
SHARING AND USE OF PERSONAL INFORMATION
In some instances, we may disclose certain information about you to third-parties whose practices are not governed or covered by this Privacy Policy. Due to the current and existing regulations, we are unable to specifically ensure that any or all of your personal information and private communications will not ever be disclosed in ways not covered or defined within the terms herein. One example of such activity may include the ability of third-parties to unlawfully intercept, access, or capture certain transmissions of information or private communications. If you wish for us to not disclose any personal information collected about you in any of the ways identified and described within this Privacy Policy, you should refrain from visiting or accessing the Site or any related services.
News; Offers. In some instances, we may provide certain personal information which you input while registering or signing up to receive news, offers, updates, sweepstakes or contests, to trusted, third-party partners who work directly with us. Such third-parties may use that personal information to communicate with you about certain updates, offers or surveys from us and/or such third-parties. If you wish to opt out of receiving such offers and/or materials, please email your desired request to opt out to: team@racetrackhero.com
Independent Contractors and Third-Parties. We may have third-party agents, subsidiaries, affiliates, and partners who may perform certain functions on our behalf, such as marketing, analytics, research, data analysis, credit card processing, assisting with customer service, fraud protection, etc. Such third-party entities have limited access only to the personal information necessary to perform the roles for which they are associated with us. Such third-parties are strictly prohibited from using, selling, distributing or altering this data in any way, or using the information for any activity other than required to provide the requested services for us and the Site.
Legal Disclosure. In some instances, we may disclose and release certain information in response to any legal demand, such as subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal actions or claims brought against us or the Site. We may share such information in order to investigate, prevent or take action in the event of any alleged illegal activities, suspected fraud, potential threats to the physical or financial safety of any person or entity, any violations of our terms of service, or as otherwise permissible under any applicable law.
Sharing Within Organization. In some instances, we may share your personal information with any of our subsidiaries, joint ventures, or other companies or entities which fall under common control. In the event that we transition through merger, acquisition by another company, or sale of all or a portion of our assets, your personal information may be included and among the assets to be transferred in such a transition. You hereby acknowledge and agree that such transfers may occur, and that such transfers are permitted under the terms of this Privacy Policy.
Some various ways in which we may use your Personal Information are as follows:
To provide content, materials, data analytics, biographies, and other various forms of information as it pertains to the Services.
To verify your account and user identity and to comply with laws to which we are subject.
To contact you about the Services or the Company.
To provide customer or technical support.
To analyze and improve the features and performance of the Services and to analyze usage patterns.
To inform users about offers from the Company.
We care about your privacy. We will not sell or share your Personal Information with third-parties other than as expressly provided for in this Privacy Policy.
THIRD PARTY LINKS
You may encounter links to third party websites, videos, pictures, and applications (“Third-Party Links”) when using the Services. We cannot control the content on these Third-Party Links and we can make no guarantees as to the protection and privacy of any information which you submit to these Third-Party Links. Please exercise caution when accessing Third-Party Links.
CHILDREN
We do not knowingly collect Personal Information from any child under the age of 13. No one under the age of 18 is permitted to use the Site.
SECURITY
Your security is important to use. We use commercially reasonable methods of protecting your Personal Information. Nevertheless, we cannot guarantee the safety or security of any Personal Information. Further, transmission of Personal Information cannot be made completely secure. For that reason, you agree to transmit Personal Information to the Company solely at your own risk.
COOKIE POLICY
We use cookies on this Site and Service. By using the Service, you consent to the use of cookies.
Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.
What are cookies?
Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.
Cookies can be “persistent” or “session” cookies.
How do we use cookies?
When you use and access the Service, we may place a number of cookies files in your web browser.
We use cookies for the following purposes: to enable certain functions of the Service, to provide analytics and to store your preferences.
We use variations of both session and persistent cookies on the Site and Service and we use different types of cookies to assist in running the Service.
Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
What types of cookies may we use?
The following cookies listed below are those which we may use to collect certain information about you.
Third-party cookies
In addition to our own cookies, we may also use various third-parties’ cookies to report usage statistics of the Service, deliver advertisements on and through the Site and Service, and so on.
What are your choices regarding cookies
If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser. If you delete cookies or reject them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.