This Privacy Policy Agreement (hereinafter referred to as “the Agreement”) is entered into as of June 13, 2024, by and between Recoded Motorsports LLC, a South Dakota limited liability company with its principal place of business at 25 FIRST AVENUE SW STE A, WATERTOWN, SD 57201, and its registered agent Northwest Registered Agent LLC (hereinafter referred to as “Recoded Motorsports,” “we,” “us,” or “our”), and any individual or entity accessing or using the website recodedmotorsports.com or engaging with Recoded Motorsports at events or through other scheduled engagements (hereinafter referred to as “User,” “you,” or “your”). This Agreement sets forth the terms and conditions governing the collection, use, retention, disclosure, and protection of personal data by Recoded Motorsports, in accordance with applicable United States laws and best practices, and is intended to ensure transparency, user rights, and compliance with relevant privacy regulations.

Definitions

1. “Recoded Motorsports” means Recoded Motorsports LLC, its affiliates, officers, employees, agents, and representatives, as well as its registered agent, Northwest Registered Agent LLC.

2. “User” refers to any individual or entity who accesses, browses, interacts with, or submits information through recodedmotorsports.com or participates in Recoded Motorsports’ events or scheduled engagements.

3. “Website” means the online platform located at recodedmotorsports.com, including all subdomains, content, and services provided thereon.

4. “Personal Data” or “Personal Information” means any information that identifies, relates to, describes, or can reasonably be linked, directly or indirectly, to a particular User, including but not limited to names, email addresses, company names, company contact information, IP addresses, and information collected through cookies or tracking technologies.

5. “Cookies” refers to small data files placed on a User’s device by the Website or third-party services, used to collect information about the User’s browsing activities and preferences.

6. “Third-Party Services” means external platforms or service providers integrated with the Website, including but not limited to Squarespace and Google Analytics, which may collect, process, or store Personal Data on behalf of Recoded Motorsports.

7. “Data Processing” means any operation or set of operations performed on Personal Data, whether or not by automated means, including collection, recording, organization, storage, alteration, retrieval, use, disclosure, erasure, or destruction.

8. “Consent” means a User’s freely given, specific, informed, and unambiguous indication of agreement to the processing of their Personal Data.

9. “Legal Obligations” refers to requirements imposed by applicable laws, regulations, court orders, or governmental authorities that may necessitate the disclosure or retention of Personal Data.

10. “Data Retention Period” means the length of time Personal Data is stored by Recoded Motorsports, which, unless otherwise specified, is thirty-six (36) months from the date of collection.

11. “Effective Date” means the date on which this Agreement becomes enforceable, as specified above or as updated from time to time.

12. “Policy Update Notification” means the method by which Recoded Motorsports will inform Users of changes or amendments to this Agreement, which may include email notifications and/or prominent posting on the Website.

13. “Children” means individuals under the age of thirteen (13) years, in accordance with the Children’s Online Privacy Protection Act (COPPA).

14. “Data Subject Rights” refers to the rights of Users to access, correct, or request deletion of their Personal Data, as described in this Agreement and applicable law.

15. “United States” or “U.S.” means the United States of America, and for purposes of this Agreement, all Personal Data is processed and stored within its jurisdiction.

These definitions are intended to provide clarity and consistency throughout this Agreement. Additional terms may be defined within the context of specific sections as necessary.

Introduction and Effective Date

1. Purpose of this Privacy Policy
   This Privacy Policy describes how Recoded Motorsports LLC (“Recoded Motorsports,” “we,” “us,” or “our”) collects, uses, and shares personal information of users (“you” or “your”) who visit our website, recodedmotorsports.com, and who interact with us at events or through other in-person engagements.

2. Identification of Data Controller
   Recoded Motorsports LLC, a limited liability company organized and existing under the laws of the State of South Dakota, with its registered agent located at 25 FIRST AVENUE SW STE A, WATERTOWN, SD 57201, is the data controller responsible for the processing of personal information as described in this Privacy Policy.

3. Effective Date
   This Privacy Policy is effective as of .

4. Scope of Policy
   This Privacy Policy applies to all personal information collected by Recoded Motorsports LLC through our website, recodedmotorsports.com, and through our interactions with you at events and other in-person engagements. If a specific event or engagement involves additional or supplemental privacy notices, those will be provided separately at the time of collection.

5. Contact Information
   If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at info@recodedmotorsports.com.

6. Amendments to this Policy
   We may update this Privacy Policy from time to time. Any changes will be posted on our website, and if you have provided us with your email address, we will notify you directly. The effective date at the top of this policy will be updated to reflect the date of the latest revision.

Information We Collect

1. Introduction
   Recoded Motorsports LLC (“Recoded Motorsports”) is committed to transparency regarding the personal information we collect from users of recodedmotorsports.com and during in-person events. This section outlines the categories of information we collect, the methods of collection, and the purposes for which we use this information.

2. Information You Provide Directly
   2.1. We collect information you voluntarily provide when interacting with our website or participating in our events. This includes:
    a. Your name
    b. Your email address
    c. Your company name
    d. Your company contact information (such as phone number and address)

2.2. Purpose: We use this information to respond to your inquiries, provide information about our services, manage your account, and fulfill other business purposes as described in the “Data Usage and Sharing” section of this Privacy Policy.

2.3. Legal Basis: The legal basis for processing this information is our legitimate interest in conducting business and communicating with potential and existing clients.

1. Information Collected Through Our Website
   3.1. When you visit recodedmotorsports.com, we may automatically collect certain information, including:
    a. Your IP address
    b. Browser type and version
    c. Operating system
    d. Internet service provider (ISP)
    e. Referrer URLs
    f. Date and time of your visit
    g. Pages you viewed

3.2. Cookies and Tracking Technologies:
Our website uses cookies and similar tracking technologies, including those provided by Squarespace and Google Analytics. These technologies collect information about your browsing behavior and website usage. For more information on how these technologies are used and how to manage your cookie preferences, please refer to the and , as well as the “Cookies” section of this Privacy Policy.

3.3. Purpose: We use this information to analyze website traffic, improve website functionality, personalize your experience, and display relevant content based on your interests.

3.4. Legal Basis: Our legal basis for processing this information is our legitimate interest in improving our website and understanding user behavior, and may include consent provided via your cookie preferences.

1. Information Collected at Events
   4.1. At in-person events, we may collect information such as your name and company affiliation for registration and event management purposes by manual means.

4.2. Purpose: This information helps us track event attendance and facilitate communication related to the event.

4.3. Legal Basis: The legal basis for processing this information is our legitimate interest in organizing and facilitating events.

1. Data Minimization
   We only collect personal information that is necessary for the purposes described above. We do not knowingly collect sensitive personal information as defined under applicable laws.

2. Third-Party Services
   We use third-party service providers, including Squarespace and Google Analytics, to assist in operating our website and providing services to you. These providers have their own privacy policies, which we encourage you to review. Google Analytics helps us track usage of our site and improve service delivery; this tool may process anonymized or aggregated data that is shared with Google.

3. Consent
   By using recodedmotorsports.com and attending our events, you consent to the collection and use of your personal information as described in this section.

How We Use Your Information

1. Purpose of This Section
   This section describes how Recoded Motorsports LLC (“Recoded Motorsports,” “we,” “us,” or “our”) collects, uses, and shares the personal information we gather from visitors to our website, recodedmotorsports.com, and from our interactions at events and other scheduled engagements. We are committed to protecting your privacy and handling your personal information responsibly.

2. Types of Information Collected
   We collect the following types of personal information: a. Name
   b. Email address
   c. Company name
   d. Contact information (including phone numbers, titles, and addresses of business contacts)
   e. IP address (automatically collected)
   f. Cookie data (collected through Squarespace and other tracking technologies; see our Cookies and Tracking Technologies section for further details, including how you can manage or opt out of certain cookies)

3. Purposes of Data Processing
   We use your personal information for the following purposes: a. To respond to your inquiries and fulfill your requests for information
   b. To manage your relationship with Recoded Motorsports, including sending newsletters and updates
   c. To provide you with services and information related to our business
   d. To improve our website and services, including using analytics to measure website usage and user preferences
   e. For other legitimate business purposes, such as refining our marketing strategies and outreach based on aggregated and non-identifiable information (including demographic data, traffic analysis, and statistical information that does not reveal your personal identity)

4. Legal Basis for Processing
   Our legal basis for processing your personal information is primarily our legitimate interests in conducting and growing our business. In certain instances, we may also process your data based on your consent, such as when we send you targeted marketing communications or request permission to use your personal information for purposes beyond those described in this privacy policy. Where required by law, we will seek your explicit consent before processing your data for specific purposes.

5. Data Sharing
   We may share your personal information with the following third parties: a. Google Analytics: We use Google Analytics to track website usage and user behavior. This data helps us improve our website and services. Google Analytics operates under its own privacy policy, which we encourage you to review.
   b. Squarespace: Our website is hosted on Squarespace, which collects certain information about website visitors. Squarespace maintains its own privacy policy, which should be reviewed for further information.
   c. Other Third Parties: We may share personal information with other third parties only with your consent or as required by law (for example, to comply with a subpoena or other legal process).

6. Data Security
   We take reasonable security measures to protect your personal information from unauthorized access, use, or disclosure. These measures include relying on the security protocols provided by our website platform, Squarespace, and by Google Analytics. However, no method of transmission over the internet or electronic storage is completely secure. We encourage you to protect your own passwords and personal information. For more information on the security practices of our service providers, please refer to their respective privacy policies.

7. Data Retention
   We retain your personal information for a period of 36 months from your last interaction with us, unless a shorter period is required by law or specified under applicable state privacy laws. After this period, we follow a secure deletion process in accordance with our data security protocols. This retention period allows us to support our business operations and address potential legal obligations or disputes within a reasonable timeframe.

8. User Rights
   You have the right to access, correct, or delete your personal information. To exercise these rights, please contact us using the information provided in Section . We may require proof of identity before fulfilling your request, as permitted by law. We recognize and honor these rights under applicable federal and state privacy laws. For more information regarding your rights under specific state laws, please refer to the Appendix of this policy.

9. Commitment to Privacy and Policy Updates
   We are committed to protecting your privacy and will update this privacy policy if our data usage practices change. Your continued use of our website constitutes your acceptance of the updated policy. Changes will be reflected in this section and, where practical, we will provide additional notice to users, such as through email notifications or prominent website postings.

Data Security

1. Commitment to Data Security
   Recoded Motorsports LLC is committed to protecting the security of your personal information. We have implemented reasonable security measures designed to safeguard the personal information we collect from loss, misuse, unauthorized access, disclosure, alteration, or destruction. These measures reflect industry-standard practices and are reviewed periodically to ensure ongoing effectiveness.

2. Security Measures of Third-Party Providers
   Our website utilizes Squarespace and Google Analytics, each of which maintains its own security protocols to protect data processed through their platforms. For further details on their security practices, please refer to their respective policies available at:

• Squarespace: https://www.squarespace.com/security

• Google Analytics: https://support.google.com/analytics/answer/6004245

1. Data Storage and Transmission
   We employ reasonable security measures to protect your personal data during both storage and transmission. These measures include a combination of physical, technical, and administrative safeguards designed to prevent unauthorized access or disclosure. Our security practices are consistent with industry standards and are updated as necessary to address evolving risks.

2. Security at Events and In-Person Engagements
   When collecting personal information during events or other in-person engagements, we implement appropriate security measures tailored to the specific circumstances of each event. These may include secure handling procedures and restricted access to sensitive information, ensuring your data remains protected regardless of the collection method.

3. Third-Party Data Sharing
   We share data with Squarespace and Google Analytics as described in our Data Usage and Sharing section. These third-party providers maintain their own privacy and security measures to protect any data processed on their platforms.

4. Data Breach Response
   In the event of a suspected or actual data breach, we will take all reasonable steps to contain the breach and mitigate any potential harm. Where required by applicable law, we will notify affected individuals and relevant authorities in a timely manner.

5. Limitations of Security
   While we strive to protect your information using commercially reasonable safeguards, no method of transmission over the internet or electronic storage is completely secure. We cannot guarantee absolute security of your data. By using our website, you acknowledge and accept the inherent risks associated with online data transmission.

6. User Responsibility
   You play an important role in maintaining the security of your information. Please keep your login credentials confidential and promptly report any unauthorized access or suspected security incidents to us. Avoid clicking on suspicious links or downloading attachments from unknown sources.

Data Retention and Deletion

1. Retention Period
   Recoded Motorsports LLC (“Recoded Motorsports”) retains personal data collected through recodedmotorsports.com for a period of thirty-six (36) months from the date of collection. This retention period is necessary to maintain accurate business records for tax and accounting purposes, facilitate efficient customer service and potential future business interactions, comply with applicable legal obligations, and manage our business operations effectively. We believe this period aligns with our business needs while minimizing unnecessary data storage. Personal data collected at events is subject to the same retention period and procedures as data collected through our website.

2. Data Types Covered
   This policy applies to personal data collected through recodedmotorsports.com and at events, including but not limited to names, email addresses, company names, contact information, IP addresses (as collected by Squarespace and Google Analytics), and cookie data (as collected by Squarespace and Google Analytics).

3. Deletion Process
   After the expiration of the thirty-six (36) month retention period, we initiate a secure data deletion process. This process includes permanently deleting data from our internal systems and servers, instructing the deletion of relevant data from our Google Analytics and Squarespace accounts in accordance with their respective data deletion protocols, and ensuring that no residual copies remain in our possession. Certain data may be retained for longer periods if required by law, such as in response to a subpoena or other legal obligation.

4. User-Initiated Deletion
   Users have the right to request the deletion of their personal data before the end of the standard retention period. To request deletion, users should contact us at info@recodedmotorsports.com with the subject line “Data Deletion Request.” We will respond to such requests within thirty (30) days and, upon verification of identity, confirm the deletion of the user’s data. Please note that we may be unable to delete data that is required for legal or accounting purposes or that is necessary for the continuation of a specific program to which the user has previously consented.

5. Data Retention by Third Parties
   We utilize third-party services, including Squarespace and Google Analytics, for website hosting and analytics. The retention and deletion of data by these third parties are governed by their respective privacy policies, which can be reviewed at:

   • Squarespace: https://www.squarespace.com/privacy

   • Google Analytics: https://policies.google.com/privacy
     We encourage users to review these policies for further information on third-party data handling.

6. Exclusions to Deletion
   We may retain certain personal data beyond the thirty-six (36) month period if required by law or for legitimate business purposes, such as resolving disputes or complying with legal obligations. In such cases, retained data will be used solely for these specific purposes and not for any unrelated activities.

7. Data Security
   We implement reasonable technical and organizational measures to protect personal data during storage and deletion, including access controls, secure data transmission, and regular review of our data management practices. While we strive to maintain robust security, no system is completely immune to cyber threats. We continually monitor and update our procedures to mitigate the risk of unauthorized access, disclosure, or loss of personal data.

Severability

If any provision or part of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable under applicable law, such provision or part shall be severed from the Agreement and shall not affect the validity, legality, or enforceability of the remaining provisions. The parties agree that the remainder of this Agreement shall continue in full force and effect, and, where possible, the invalid, illegal, or unenforceable provision shall be interpreted to accomplish the original intent of the parties to the fullest extent permitted by law. In the event that any provision is so severed, the parties shall negotiate in good faith to replace such provision with a valid and enforceable provision that most closely reflects the original intent and economic effect of the severed provision.

Waiver

No failure or delay by either party in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Any waiver of any provision of this Agreement must be in writing and signed by the party against whom the waiver is sought to be enforced. A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default, whether of a similar or different nature.

Entire Agreement

This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, warranties, negotiations, and understandings, whether oral or written, relating to such subject matter. No amendment, modification, or addition to this Agreement shall be binding unless in writing and duly executed by authorized representatives of both parties. Each party acknowledges that it has not relied on any statement, representation, warranty, or agreement of the other party except as expressly set forth in this Agreement.

Attestation

IN WITNESS WHEREOF, the undersigned parties hereby acknowledge that they have read, understood, and agreed to the terms and conditions set forth in this Agreement, effective as of the date indicated herein. This Agreement is entered into by and between Recoded Motorsports LLC, a South Dakota limited liability company with its registered agent at Northwest Registered Agent LLC, 25 FIRST AVENUE SW STE A, WATERTOWN, SD 57201, and the other party as identified in the Agreement. Each party affirms that it has the authority to enter into this Agreement and that all information provided herein is accurate and complete to the best of their knowledge.